Allowed

Sunil Kumar v. The State of Bihar

Patna HC17 May 2023CR. MISC./18454/2023

Case brief

AI extract

What is this about?

In an application for anticipatory bail, the Patna High Court allowed the petitioner to be enlarged on bail. The court directed surrender within four weeks and issuance of a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) Cr.P.C., noting the petitioner is innocent and the case was compromised.

What did the court decide?

Petitioner directed to surrender within four weeks; enlarged on bail on furnishing bail bond of Rs. 10,000 with two sureties of like amount.

Sunil Kumar Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18454 of 2023

¶2

Arising Out of PS. Case No.-257 Year-2020 Thana- VAISHALI District- Vaishali

¶3

======================================================

¶4

SUNIL KUMAR Son of Sabhapati Ram @ Ammu Ram Resident of village - Madhopur Kutubpur, Chak Faridan, P.O.- Balukaram, P.S. and District – Vaishali ... ... Petitioner/s

¶5

Versus

¶6

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Bela Singh For the Opposite Party/s : Mr.Uma Shankar Prasad Singh ======================================================

¶7

CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR

¶8

3 17-05-2023

¶9

ORAL ORDER Heard learned counsel for the petitioner and learned

¶10

APP for the State.

¶11

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Vaishali P.S. Case no. 257 of 2020 instituted for the offence under Sections 366A, 376/34 of the Indian Penal Code and Sections 6, 8 and 12 of the POCSO Act.

¶12

Prosecution case relates to abduction of minor daughter of the informant by the petitioner and two other named accused.

¶13

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. After recovery of the victim girl, her statement was recorded u/s 164 Cr.P.C. Wherein she stated that she was forced to marriage with co-accused Vikash Kumar and both are in physical relation. After recovery, she again eloped with Vikas

¶14

Patna High Court CR. MISC. No.18454 of 2023(4) dt.17-05-2023 2/3

¶15

Kumar. As para 10 of the petition, victim is leading happy conjugal life with co-accused Vikas Kumar. She has not raised any finger against the petitioner for any overt act. Petitioner has no criminal antecedent. After prevailing good sense, the matter has been compromised between the parties and they filed the same in the court of learned CJM, Vaishali on 28.09.2020.

¶16

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

¶17

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Vaishali P.S. Case no. 257 of 2020, he will 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 learned Additional Sessions Judge VI-cumSpecial Judge POCSO, Vaishali at Hajipur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

¶18

(Sunil Kumar Panwar, J)

¶19

sushma/-

¶20

¶21

Patna High Court CR. MISC. No.18454 of 2023(4) dt.17-05-2023 3/3

Sunil Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sunil Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dr. Ajay Kumar @ Ajay Kumar Sharma Vs The State of Bihar

Shaheb Jama Khan @ Pathan Vs The State of Bihar

Sunil Kumar @ Bahachabba @ Bachabba @ Bachappa Vs The State of Bihar

Manauwar Ali Vs The State of Bihar

Chandan Kumar Vs The State of Bihar

Amarjeet Kumar Vs the State of Bihar