Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84572 of 2024 Arising Out of PS. Case No.-249 Year-2024 Thana- GHORASAHAN District- East Champaran ====================================================== Vicky Kumar, Son of Dinanath Singh @ Jay Prakash Singh, Resident of Village -Bagahi Bhelwa, P.S.- Ghorasahan, Distt.- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nitu Devi Wife of Jai Prakash Singh Resident of Village -Bagahi Bhelwa, P.S.- Ghorasahan, Distt.- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 06-02-2025 Heard Mr. Abhishek Kumar, learned counsel for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 366(A)/34 of the Indian Penal Code and added Sections 4 and 6 of the POCSO Act.

3. The case of the prosecution is that the informant with her minor daughter gone to ease herself on 29.05.2024. Vicky Kumar and Sagar Kumar came on a bike and they boarded the daughter of the daughter of the informant on the bike. The informant caught the bike but they pushed her and

Patna High Court CR. MISC. No.84572 of 2024(3) dt.06-02-2025 2/3 went with the daughter of the informant.

4. Learned counsel for the petitioner submits that during course of investigation the victim has given her statement under Section 164 Cr.P.C. wherein she has stated that she was in relation with the petitioner outside marriage and out of that relation when she got pregnant, the petitioner and victim went to Surat, Gujarat. After that the case was filed by the family members of the victim. From perusal of the statement under Section 164 Cr.P.C. it is clear that she herself has gone with the petitioner and she was in relation outside marriage. It is case of adolescence outside marriage. The petitioner is a man of clean antecedent. He is in jail since 31.07.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ghorasahan P.S. Case No. 249 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 6th Additional Sessions Judge-cum-Exclusive Special Judge, POCSO Act, East Champaran, Motihari.

Patna High Court CR. MISC. No.84572 of 2024(3) dt.06-02-2025 3/3

7. Accordingly, the present bail application stands allowed.

(Ashok Kumar Pandey, J) durgesh/- U T