Govind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85666 of 2023 Arising Out of PS. Case No.-254 Year-2023 Thana- MUFFASIL District- Aurangabad ====================================================== Govind Kumar Son of Deopujan Ram Resident of Village - Shekhpura, P.S. Aurangabad (Muffasil), District- Aurangabad (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dinesh Kumar Ram Son of Siddi Ram Resident of Vill- Shekhpura, P.S.- Muffasil, District- Aurangabad.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailesh Kumar Singh For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-09-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Aurangabad Muffasil P.S. Case No. 254 of 2023 for the offences punishable under Section 366(A) of the Indian Penal Code and Section 8/12 POCSO Act.

3. As per allegation, the accused persons including the petitioner had kidnapped the minor daughter of the informant for the purpose of marriage.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that both the parties have compromised the case. The petitioner is a person of clean

Patna High Court CR. MISC. No.85666 of 2023(6) dt.12-09-2024 2/2 antecedent and is under custody since 22.08.2023.

5. On the other hand, the learned counsel for the informant has opposed the prayer for bail and submitted that the case has been compromised between the parties.

6. It appears that the victim in her statement recorded under Section 164 of the CrPC has stated that the victim did not support the prosecution case.

7. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VIth-cumExclusive Special Judge POCSO Act, Aurangabad (Bihar) in connection with Aurangabad Muffasil P.S. Case No. 254 of 2023, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) Nirmal/- U T