Anand Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5635 of 2024 Arising Out of PS. Case No.-848 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== Anand Kumar Sharma S/O Munilal Sharma Village- Amolwa Belwa Bachuari, Ps. Gaunaha, Dist. West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarvesh Kashyap, Advocate For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Shikarpur P.S. Case No. 848/2023 lodged on 29.10.2023 under Sections 363, 366A, 120B of the Indian Penal Code and Sections 8, 12 of the POCSO Act.

3. As per the prosecution case, the FIR has been lodged against two named accused persons, including the present petitioner with an allegation of kidnapping the minor daughter of the informant with a view to marry.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is in custody since 30.10.2023 having no criminal antecedent. The victim girl has been recovered and has got her

Patna High Court CR. MISC. No.5635 of 2024(5) dt.16-04-2024 2/2 statement recorded under Section 164 of the Cr. P.C. Learned counsel further submits that on earlier occasion, the case diary along with 164 Cr. P.C. statement has been called for.

5. Learned counsel for the State opposes the prayer for bail.

6. Upon perusal of 164 Cr. P.C. statement, it appears that the victim has not made any allegation against the present petitioner and opposes the content of the FIR.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-VII-cum-Special Judge POCSO, Bettiah, West Champaran, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure. (Dr. Anshuman, J) Ashwini/- U T