Sikander Yadav @ Sikandar Yadav @ Amar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14817 of 2024 Arising Out of PS. Case No.-366 Year-2022 Thana- JAHANABAD District- Jehanabad ====================================================== Ranjay Kumar S/o Raj Nandan Yadav R/o vill - Pakar Bigha, P.S. - Ghosi, Dist. - Jehanabad ... ... Petitioner/s
Versus
The State of Bihar, Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Bhushan Das, Adv.
For the Opposite Party/s :
Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with Jehanabad (Karauna O.P.) P.S. Case No. 366 of 2022 dated 15.05.2022 registered for the offence/s punishable u/s 366A of the Indian Penal Code and section 8 of the POCSO Act.
3. As per the prosecution case, on the request of the petitioner and the co-accused persons, the informant allowed to go her daughter with them from her house. Later on, their mobile phone got switched off. Thereafter, it came to the knowledge of the informant through the co-accused persons that the her daughter and the co-accused Rahul Kumar, who is the
Patna High Court CR. MISC. No.14817 of 2024(3) dt.21-06-2024 2/3 son of the petitioner, went somewhere. The informant has apprehension that the aforesaid persons may do any untoward incident with her daughter.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is made accused in this case only because he is the father of the co-accused Rahul Kumar. The victim in her statement recorded u/s 164 of the Cr.P.C. has not mentioned about the involvement of the petitioner in the alleged incident. Similarly situated co-accused has already been granted anticipatory bail by this court vide order dated 19.12.2023 passed in Cr. Misc. No. 61363 of 2023. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Jehanabad in connection with Jehanabad (Karauna O.P.) P.S. Case No. 366 of
Patna High Court CR. MISC. No.14817 of 2024(3) dt.21-06-2024 3/3 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T