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2025 DAILYLAW 88358 (PAT)

Munna Kumar v. The State of Bihar

CR. MISC./88475/2024 · 2025-05-02

Sourendra Pandey

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.88475 of 2024 Arising out of PS. Case No.-38 Year-2024 Thana- SANHAULA District- Bhagalpur ====================================================== Munna Kumar, S/o Alok Mandal, R/Vill.- Sanudih, P.S. - Sanhaula, Distt - Bhagalpur. ... ... Petitioner/s Versus 1. The State of Bihar 2. Ruchi Kumari, W/o Munna Kumar, R/o Vill.- Khiridar, P.S. - Sanhaula, Distt - Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Subodh Prasad, Advocate For the Opposite Party/s: Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 4 02-05-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prose- cutor for the state. 2. The petitioner seeks bail in connection with San- haula P.S. Case No. 38 of 2024 instituted for the offences under Sections 341, 323, 376, 504 and 506/34 of the Indian Penal Code and Section 4 of the POCSO Act. 3. Learned counsel for the petitioner at the very outset has drawn attention of this Court towards Annexure-3 which is compromise petition between the prosecution party as well as the accused persons and it has been stated therein that the par- ties have compromised as the informant namely Ruchi Kumari and the accused namely Munna Kumar (Petitioner) had married Patna High Court CR. MISC. No.88475 of 2024(4) dt.02-05-2025 2/3 and their marriage have been consummated and one child has been born out of the wedlock and they are staying together. 4. Learned counsel for the informant has supported such contention raised by learned counsel for the petitioner and has stated that the compromise was entered between the parties and the compromise petition is annexed at Annexure-3 and also the informant is living at her matrimonial house as such he does not intend to oppose the prayer for bail of the petitioner. 5. Considering the aforesaid submissions of respec- tive counsels, the petitioner above named, is directed to be re- leased 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 the learned Additional Sessions Judge-VII-cum- Exclusive Special Court of POCSO, Bhagalpur in connection with Sanhaula P.S. Case No. 38 of 2024, subject to the the fol- lowing conditions:- (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court. Patna High Court CR. MISC. No.88475 of 2024(4) dt.02-05-2025 3/3 (iii) In case of absence on two con- secutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned. Vikash/- (Sourendra Pandey, J) U T