Akash Kumar Giri @ Chhotu Kumar Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8583 of 2023 Arising Out of PS. Case No.-499 Year-2022 Thana- SIKARPUR District- West Champaran ====================================================== AKASH KUMAR GIRI @ CHHOTU KUMAR GIRI Son of Sri Abhay Giri Resident of Mohalla- Block Road, Near Railway Middle School, Narkatiaganj, P.S.- Shikarpur, District- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Santosh Kumar @ Munna Kumar Son of Late Baleshwar Prasad Resident of Mohalla- Block Road, Near Masjid, Narkatiaganj, P.S.- Shikarpur, DistrictWest Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Nawal Kishore Prasad, APP Mr.Umesh Kumar Gupta, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-05-2023 Heard learned counsel for the petitioner, learned counsel for the O.P. No.2 and learned APP for the State. Petitioner apprehends his arrest in a case registered for the offence punishable u/s 363, 366-A and 506 of the IPC and 8/12 of the POCSO Act.

Allegation against the petitioner is that he enticed and taken away the daughter of the informant with intent to marry. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that

Patna High Court CR. MISC. No.8583 of 2023(2) dt.09-05-2023 2/2 after investigation, police has filed final form against the petitioner but the learned Court below differing with the same, took cognizance against the petitioner. The petitioner has no criminal antecedent.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty 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 Shikarpur P.S. Case No.499 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T