Sambhu Kumar @ Sambhu Sharma Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27144 of 2025

Arising Out of PS. Case No.-261 Year-2024 Thana- ARWAL District- Jehanabad

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Sambhu Kumar @ Sambhu Sharma S/o Rampravesh Vishwakarma @ Ram Pravesh Mistri R/o Village- Sohsa, P.S.- Kaler, District- Arwal

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ravindra Kumar, Adv. For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP For the Informant : Mr. Arvind Pd. Singh, Adv. ======================================================

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CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

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2 06-05-2025

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Heard learned counsel for the petitioner and

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learned A.P.P for the State.

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The petitioner seeks bail in connection with Arwal P.S. Case No. 261 of 2024 dated 06.07.2024 registered for the offence punishable under Sections 96 of the Bharatiya Nyaya Sanhita and Section 8/12 of the POCSO Act.

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The allegation against the petitioner is that he abducted the victim girl by luring her.

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Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the daughter of the informant

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Patna High Court CR. MISC. No.27144 of 2025(2) dt.06-05-2025 2/3

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(victim girl) went with the petitioner on her own sweet will from her house and she performed marriage with the petitioner on 08.07.2024, thereafter, they returned on 13.07.2024. It is submitted that the statement of victim girl was recorded under Section 183 of B.N.S.S., 2023 by the learned court below wherein she has specifically stated that she was not kidnapped, rather, due to love with the petitioner she willingly went with the petitioner on her own sweet will and performed marriage with the petitioner at Delhi. It is also submitted that there is no allegation against the petitioner about any forceful act made by the petitioner. It is further submitted that in the medical conducted by the doctors, the victim’s age was assessed to be 18 to 20 years. Lastly, it has been submitted that the petitioner is in custody since 14.12.2024, having no criminal antecedent and charge-sheet has been submitted in the case.

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Learned A.P.P for the State opposes the prayer for bail of the petitioner.

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On the other hand, learned counsel for the informant vehemently opposed the prayer for bail of the petitioner and submitted that the victim girl is a minor girl

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Patna High Court CR. MISC. No.27144 of 2025(2) dt.06-05-2025 3/3

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aged about 14 years studying in 9^th Std.. The date of birth of the victim girl is mentioned as 14.04.2010 in her school certificate.

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Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Session Judge-VI-cum-the Special Judge (POCSO) Act, Jehanabad in connection with Arwal P.S. Case No. 261 of 2024.

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(Khatim Reza, J)

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prabhat/-

Sambhu Kumar @ Sambhu Sharma v. The State of Bihar

Case brief

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Sambhu Kumar @ Sambhu Sharma v. The State of Bihar

Case brief

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