Sonu Kumar @ Sonu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1162 of 2025 Arising Out of PS. Case No.-284 Year-2024 Thana- DIGHA District- Patna ====================================================== Sonu Kumar @ Sonu Son of Ajay Ravidas @ Ajay Das Resident of villageUpharpura, P.S- Phulwarisharif , Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Urmila Devi wife of Bhola Mukhiya Resident of Kurji More Gate No65,P.S- Digha, Distt.- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Dhari Singh, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 08-05-2025 Despite valid service of notice, no one appears on behalf of the Opposite Party No.02.

2. Heard learned counsel for the petitioner and learned APP for the State.

3. Petitioner is in custody in a case registered for the offence under Section 363, 366(A) of Indian Penal Code.

4. As per the prosecution case, it is alleged that the informant's minor daughter was missing from the house after which the informant put all her efforts to find her for almost three days. It is further alleged that informant's daughter was in continuous telephonic conversation with one Sonu Kumar(present petitioner) and due to this reason on the basis of

Patna High Court CR. MISC. No.1162 of 2025(5) dt.08-05-2025 2/3 suspicion she lodged the present case against the petitioner.

5. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that from perusal of the statement of victim recorded under Section 161 and 164 of Cr.P.C. it appears that the victim girl had herself gone to Patna Junction and from there she went to Patna City Gurudwara where she hired a room and living together with the petitioner for about one and a half month and she also got married with the petitioner on 09.05.2024 in the said room. He next submits that there is no offence of any sexual assault upon the victim girl. He next submits that the petitioner has got no criminal antecedent as stated in para-3 of the bail petition.

6. Learned APP for the State opposes the prayer for bail of the petitioner.

7. From perusal of the First Information Report, case diary and impugned order dated 21.11.2024 it appears that victim has self stated in her statement recorded under Section 161 and 164 of Cr.P.C. that she had herself gone to Patna Junction and from there she went to Patna City Gurudwara where she hired a room and living together with the petitioner. So, considering the aforesaid facts and circumstances of the

Patna High Court CR. MISC. No.1162 of 2025(5) dt.08-05-2025 3/3 case, submission of learned counsel for the petitioner as well as the fact that the petitioner and informant's daughter(victim girl) solemnized the marriage between them on 09.05.2024 with their own consent and informant's daughter was living with the petitioner with her own sweet will and there is no allegation of any sexual assault upon the informant's daughter, let the above named petitioner be released on bail, on his furnishing bail bonds of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XIII, Patna in connection with Digha P.S. Case No.284 of 2024.

(Ramesh Chand Malviya, J) Harshita/- U T