Ankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5329 of 2023 Arising Out of PS. Case No.-127 Year-2021 Thana- SANGRAMPUR District- Munger ====================================================== ANKAJ KUMAR S/O ANANDI YADAV Resident of Village- kundi (Khapra), P.S.- Sangrampur (Tetia Bamber), District- Munger. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Kamal Nayan For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-04-2023 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 Sangrampur (Tetiabamber) P.S. Case No. 127 of 2021, registered for the offences punishable under Sections 366A of I.P.C. and Section 8 of POCSO Act.

There is allegation against the petitioner that he kidnapped the daughter of the informant.

Learned counsel for the petitioner has submitted that the petitioner did not support the prosecution case in her statement under Section 164 of the Cr.P.C. As a matter of fact, the petitioner and the victim had love and affection and they have solemnized marriage. The victim was examined during the trial as PW-1 (annexure -3) and she has stated that she has solemnized marriage with the petitioner and she is residing in her matrimonial house. Her mother and father were also examined as PW-2 and PW-3 and the mother has also stated that she has solemnized marriage with

Patna High Court CR. MISC. No.5329 of 2023(2) dt.29-04-2023 2/2 the petitioner.

On the other hand, the learned APP has opposed the prayer for bail.

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 Court of Exclusive Special Judge (POCSO ACT)- cum- Additional Sessions JudgeVI, Munger in connection with Sangrampur (Tetiabamber) P.S. Case No. 127 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offense, 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) SONALI/Sudha U T