Amarjeet Kumar @ Amarjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3397 of 2023 Arising Out of PS. Case No.-210 Year-2022 Thana- WARISNAGAR District- Samastipur ====================================================== AMARJEET KUMAR @ AMARJIT KUMAR S/o Lalu Sahni R/o VillageHajpurwa, Ward no. 7, P.S.- Warisnagar, Distt- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 07-04-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Waris Nagar P.S. Case No. 210 of 2022, registered for the offences punishable under Sections 363, 366(A) of the Indian Penal Code and Sections 8 and 17 of the POCSO Act. As per allegation, the petitioner kidnapped the minor daughter of the informant.

The learned counsel for the petitioner has submitted that as a matter of fact, there was love and affection between the petitioner and the victim and she, in her statement under section 164 of the Cr.P.C. has stated that he went with the petitioner with her own sweet will. She expressed her willingness to reside with the petitioner. The petitioner is a person of clean antecedent and under custody since 30.06.2022.

Patna High Court CR. MISC. No.3397 of 2023(2) dt.07-04-2023 2/2 Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions JudgeVI-cum-Special Court POCSO Samastipur in connection with Waris Nagar P.S. Case No. 210 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available on each and every date of trial. In case of failure on two consecutive dates without any valid reason, the learned court below will be at liberty to cancel the bail bond of the petitioner. (ii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(iii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law. (Nawneet Kumar Pandey, J) Nirmal/Kundan U T