Suman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.417 of 2020 Arising Out of PS. Case No.-264 Year-2019 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== SUMAN KUMAR, Male, aged about 21 years, son of Vinod Singh, Resident of Village - Patpariya, P.S.- Motihari Muffasil, Distt.- East Champaran. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Sangeet Deokuliar, Advocate For the Opposite Party/s :

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 27-02-2020 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Motihari Muffasil P.S. Case No. 264 of 2019, registered for the offence under Sections 363, 366A of the Indian Penal Code and under Sections 4 & 6 of the POCSO Act. Allegation has been made against the petitioner to have kidnapped the minor daughter of the informant. However, the victim-girl has appeared and made statement that she of her own has gone with the petitioner, inasmuch, the doctor has opined her age between 17-18 years.

Considering aforesaid facts, let the petitioner, above-named, be released on anticipatory bail in the event of his

Patna High Court CR. MISC. No.417 of 2020(2) dt.27-02-2020 2/2 arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge, East Champaran, Motihari, in connection with Motihari Muffasil P.S. Case no.264 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the police will call the petitioner for the purposes of investigation and interrogation, he will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled.

(Shivaji Pandey, J) pawan/- U T