Patna High Court granted regular bail to Guddu Kumar in a POCSO and kidnapping case, directing him to furnish a bond of Rs. 20,000 with two sureties within four weeks.
Petitioner enlarged on bail by furnishing bail-bond of Rs. 20,000 with two sureties of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40022 of 2023
Arising Out of PS. Case No.-210 Year-2022 Thana- KARPI District- Jehanabad
======================================================
Guddu Kumar S/O Chhotelal Mistri R/O Village- Kodra, P.S- Paliganj, Distt.Patna. R/O Village- Santwan, P.S- Karpi, Distt.- Arwal.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhannjay Kumar No 2, Advocate For the Opposite Party/s : Mr. Umanath Mishra, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 21-07-2023
Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
2 . Heard learned counsel for the petitioner and learned A.P.P for the State.
3 . The petitioner has preferred this application for grant of regular bail in connection with Karpi P.S. Case No. 210 of 2022 arising out of POCSO Case No. 86 of 2022 dated 25.08.2022 registered for the offences u/ss 366A, 504 and 506 read with section 34 of the Indian Penal Code and section 8 of POCSO Act.
4 . As per the prosecution case, the petitioner and the coaccused persons are alleged to have kidnapped the minor daughter of the informant for the purpose of marriage.
5 . Learned counsel for the petitioner has submitted that the petitioners is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.40022 of 2023(2) dt.21-07-2023 2/2
case. The victim in her statement recorded under section 161 of Cr.P.C. has stated that she solemnized her marriage with the petitioner as there was love affair between the parties. Learned counsel has further submitted that the victim was not forced to have illicit relationship with another person. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.04.2023.
6 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
7 . Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Jehanabad in connection with Karpi P.S. Case No. 210 of 2022 arising out of POCSO Case No. 86 of 2022.
8 . The application stands allowed.
(Chandra Prakash Singh, J)
guddukr/-
U T
Guddu Kumar S/O Chhotelal Mistri
The State Of Bihar
Chandra Prakash Singh
As recorded by the court registry
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