Kundan Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88605 of 2024 Arising Out of PS. Case No.-353 Year-2024 Thana- BELHAR District- Banka ====================================================== Kundan Kumar Yadav, S/o- Onkar Yadav, Resident of Village- Pachiyari Tola, Sangrampur, Police Station-Sangrampur District- Munger ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anil Kumar Singh, S/o- Late Bindheswari Prasad Singh, Resident of Village- Gadhi, P.S.- Belhar, Dist- Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Ms. Diksha Kumari, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 17-02-2025 Heard learned counsel for the petitioner and Mr. Syed Mojibur Rahman, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 87, 352, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita and Section 8 of the POCSO Act.

3. The case of the prosecution is that the minor daughter of the informant has went to give her examination on 11.11.2024. When she did not return for a considerable time the informant started searching her. He came to know that the petitioner had kidnapped his minor daughter for purpose of marriage.

4. Learned counsel for the petitioner has submitted that during investigation the victim has given her statement

Patna High Court CR. MISC. No.88605 of 2024(3) dt.17-02-2025 2/2 under Sections 183 and 180 of the B.N.S.S. wherein she has stated that she was being scolded by her family members for the reason that she will not make calls to the petitioner, due to which she flew away with the petitioner and she solemnized marriage with the petitioner. It is a case of adolescence affair outside marriage. The petitioner is having no criminal antecedent. The petitioner is in custody since 13.11.2024.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the above facts and circumstances, 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the court of learned A.D.J. VI, Banka in connection with Belhar P.S. Case No. 353 of 2024.

7. Accordingly, the present bail application stands allowed.

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