Golu Choudhary @ Ramishwar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13607 of 2021 Arising Out of PS. Case No.-112 Year-2020 Thana- MANSI District- Khagaria ====================================================== GOLU CHOUDHARY @ RAMISHWAR KUMAR S/o Kamal Chcoudhary R/o village- Dhanehhar, Post- Phango, P.S.- Mansi, District- Khagaria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioner is apprehending his arrest in a case registered under Sections 366(A), 447, 379, 504, 506, 341, 34 of the Indian Penal Code and 12 of the POCSO Act. Prosecution allegation, in short, is that the accused persons abducted the minor daughter of the informant for the purpose of marriage.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.13607 of 2021(2) dt.16-12-2021 2/2 petitioner. The petitioner has been made accused due to mistake of fact. On recovery, the statement of the victim has been recorded under Section 164 Cr.P.C. in which no allegation of sexual or physical assault has been alleged against the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-VI-cumSpecial Judge, POCSO Act, Khagaria in connection with Mansi P.S. Case No. 112 of 2020 arising out of G.R. No. 1139 of 2020 corresponding to Special Case No. 31 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T