Anshu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9592 of 2024 Arising Out of PS. Case No.-716 Year-2020 Thana- SUPAUL District- Supaul ====================================================== Anshu Kumar S/o Manoj Prasad Yadav R/o Vill - Rahta, P.S. - Kumarkhand, Dist. - Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dinesh Prasad Verma, Advocate For the Opposite Party/s :
Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-04-2024 Heard the parties.
2. The petitioner is in custody in connection with Supaul P.S. Case No. 716 of 2020 for the offence under Section 366A/34 of the Indian Penal Code lodged on 16.10.2020 by Kanchan Kumari.
3. Earlier, the petitioner had moved before this Court for grant of anticipatory bail in Cr. Misc. No. 11193 of 2023 which was rejected vide an order dated 10.5.2023.
4. Earlier a report was called for on 9.2.2021 which has since been received. As per it, out of nine charge-sheet witnesses, none has been examined.
5. As per the allegation, the petitioner firstly married the elder sister of the victim girl, left her and later confessing that he is in love with her and wants to marry, took her away.
Patna High Court CR. MISC. No.9592 of 2024(3) dt.10-04-2024 2/3 Subsequently, he got her married to his cousin brother, Vikash Kumar.
6. Taking into account the aforesaid fact that there is no sight of trial in near future, the petitioner do not have criminal antecedent and is in custody since 16.9.2022 (para17 of the petition), this Court is inclined to extend him the privilege of bail with conditions.
6. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-VI cum Special Sessions Judge, POCSO, Supaul in connection with Supaul P.S. Case No. 716 of 2020 subject to the following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his
Patna High Court CR. MISC. No.9592 of 2024(3) dt.10-04-2024 3/3 attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T