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IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.91150 of 2025

Arising Out of PS. Case No.-16 Year-2023 Thana- PARASBIGHA District- Jehanabad

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Suraj Kumar S/O Uday Yadav R/O Village- Mirganj, P.S- Shakurabad, Distt.-

Jehanabad.

... ... Petitioner/s

Versus

1. The State of Bihar Bihar

2. XX D/O YY R/O Village- Kindui, P.S- Parsbigha, Distt.- Jehanabad.

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr.Birendra Kumar, Advocate

For the Opposite Party/s : Mr.Mukesh Kumar Singh, APP

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CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY

ORAL ORDER

3 28-01-2026 Heard learned counsel for the petitioner and learned

APP for the State.

2. The petitioner has prayed for regular bail in a case

registered for the offence punishable under sections 366(A),

504, 506 and 34 of the Indian Penal Code and under Sections 4

and 7 of the POCSO Act.

3. The case of the prosecution is that the petitioner

has kidnapped the minor daughter of the informant.

4. Learned counsel for the petitioner submits that the

petitioner is innocent and has falsely been implicated in

connection with the present case. It is further submitted that

during the course of trial, the victim has been examined by the

prosecution, as P.W. 1 and in her examination-in-chief, she has

Patna High Court CR. MISC. No.91150 of 2025(3) dt.28-01-2026

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stated that she had gone with the petitioner of her own free will

and that they had solemnized marriage in a temple at Jehanabad.

She has further stated that at the time of marriage, she was

about about 16 years of age and thereafter, she went to her

matrimonial home. She has stated that she was living in her

matrimonial home and that out of said wed-lock child was born

who is now aged about 10 years Moreover, the petitioner is

languishing in judicial custody since 26.05.2025 having no

criminal antecedent.

5. During the course of hearing, the victim was

personally present with her baby and she reiterated that she had

solemnized marriage with the petitioner in her own free will. In

her cross-examination, she has stated that she had gone with the

petitioner voluntarily as her father was against this marriage and

had lodged the present case. In paragraph-7 of her deposition,

she has categorically stated that nobody had kidnapped her and

no one had established any forceful relationship with her.

6. Learned APP appearing for the state has

vehemently opposed the prayer of regular bail.

7. Considering the aforesaid facts and circumstances

of the case, this court is inclined to enlarge the petitioner on

bail. The above named petitioner is directed to be released on

Patna High Court CR. MISC. No.91150 of 2025(3) dt.28-01-2026

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bail in connection with Parasbigha P.S. Case No. 16 of 2023 on

furnishing bail bond of Rs.10,000/- (ten thousand) with two

sureties of the like amount each to the satisfaction of learned

ADJ-VIth cum Special POCSO, Judge, Jehanabad.

(Ashok Kumar Pandey, J)

Jagdish/-

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