Dilkhush Kumar @ Nanhaku v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4470 of 2024 Arising Out of PS. Case No.-160 Year-2022 Thana- SUPAUL District- Supaul ====================================================== Dilkhush Kumar @ Nanhaku Son of Late Jai Nandan Mandal R/o ward no. 11, Kariho, P.S. and Distt. - Supaul ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Patla Kumari For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for regular bail has been filed by the petitioner instituted for the offence punishable under Sections 366(A), 372/34 of the Indian Penal Code.

3. As per allegation in the FIR, petitioner in connivance with other accused persons have abducted the niece (bhagani) of the informant. Informant had apprehension that accused persons have abducted her for doing illegal work.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. There is love affair between the petitioner and daughter of the informant. Statement of the victim girl was recorded u/s 164 Cr.P.C. in which she has stated that

Patna High Court CR. MISC. No.4470 of 2024(2) dt.08-02-2024 2/2 out of her own sweet will, she has eloped from her house and performed marriage with the petitioner at Patna in temple. She has not raised any finger against the petitioner for any offence. Age of the victim girl has been accessed as 17 years in her deposition. Petitioner has no criminal antecedent and he is languishing in judicial custody since 16.3.2023.

5. Learned APP appearing for the State has opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI-cum-Special Court POCSO, Supaul in connection with POCSO Case No. 23 of 2023 arising out of Supaul PS Case No. 160 of 2022.

(Sunil Kumar Panwar, J) sushma/- U