Sarvesh Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5031 of 2022 Arising Out of PS. Case No.-75 Year-2019 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== SARVESH KUMAR PANDEY SON OF PRABHAKAR PANDEY RESIDENT OF VILLAGE- WARD NO. 11, SUGA PIPAR, P.S.- PATAHI, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

RAMNARESH SAH SON OF NANDLAL SAH RESIDENT OF VILLAGE- SUGAPIPAR, P.S.- PATAHI, DISTRICT- EAST CHAMPARAN ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Rashmi Jha, Advocate For the Opposite Party/s :

Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 363, 366A and 34 of the Indian Penal Code read with Section 8 of the POCSO Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case which is for the same occurrence and the informant alleges that on 22.02.2019 at about 7.05 pm, informant's minor daughter was found missing thereafter it is alleged that petitioner enticed the victim to flee

Patna High Court CR. MISC. No.5031 of 2022(2) dt.18-08-2022 2/2 with him with an intention of performing marriage. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that victim has returned and her statement under Section 164 Cr.P.C. was recorded wherein she has not even remotely supported the prosecution case (Annexure-2). Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case No. 75 of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T