Vikash Kumar Soni @ Vikah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17052 of 2021 Arising Out of PS. Case No.-129 Year-2020 Thana- SIWAN CITY District- Siwan ====================================================== VIKASH KUMAR SONI @ VIKAH Son of Vinod Kumar Soni Resident of Village - Nirala Nagar, P.S.- Siwan Town, Distt.- Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ranjeet Sharma Son of Late Sri Ram Sharma Resident of Village - Nirala Nagar, P.S.- Siwan Town, Distt.- Siwan.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Ajay Kumar Tiwary For the Opposite Party/s :

Mr. A.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-12-2021 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Siwan Town P.S. Case no. 129 of 2020 instituted for the offence punishable under Sections 363, 366-A and 120-B of the Indian Penal Code.

As per allegation in the FIR, minor daughter of the informant namely, Isha Kumar, aged about 17 years was

Patna High Court CR. MISC. No.17052 of 2021(2) dt.10-12-2021 2/2 abducted by the petitioner on motorcycle with an intention to marry her. In her statement recorded u/s 164 Cr.P.C, she stated that her age is 17 years and the petitioner performed marriage with her in Banaras but now the petitioner does not want to live with her and he sent her to Siwan.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. Statement of the victim girl recorded under Section 164 Cr.P.C. before the learned magistrate, wherein she has clearly stated that she was in love with the petitioner and with her own sweet will she has left her parental house and performed marriage with him.

Learned APP appearing for the State has opposed the prayer of bail.

Having heard learned counsel for the parties and taking into consideration that victim girl is minor and the thrust of accusation is against the petitioner, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

(Sunil Kumar Panwar, J) sushma/- U