Vikram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8768 of 2020 Arising Out of PS. Case No.-81 Year-2019 Thana- RAJAPAKAR District- Vaishali ====================================================== Vikram Kumar, S/o Ram Pravesh Paswan, R/o village- Bariyarpur, P.S.- Rajapakar, District- Vaishali at Hajipur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Babita Kumari For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-06-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The petitioner is accused in connection with Rajapakar P.S. Case No. 81 of 2019, registered under Sections 363, 366(A) and 376 of the Indian Penal Code and Sections 4/8 of the POCSO Act.

The accusation is that in the night of 13/14.04.2019, granddaughter of the informant, Jagdish Paswan, aged about 19 years, was sleeping in the house with her grandmother, Sushbila Devi, but in the morning, she was not present. While informant searched his granddaughter but no trace was found. The informant raised suspicion about enticing away his granddaughter by unknown.

Patna High Court CR. MISC. No.8768 of 2020(3) dt.02-06-2020 2/3 Learned counsel for the petitioner submits that in course investigation, the police came to know about presence of a girl near pond in village Bakrapur then police reached there and recovered the girl, who disclosing herself as victim of the present case. Thereafter, statement under Section 164 of the Cr.P.C. was recorded, as detailed in paragraph 31 of the case diary, in which, she disclosed about love affairs with the petitioner. Thereafter, Panchayati was arranged but in the Panchayati, father of the petitioner refused to perform the marriage of the petitioner with the victim, granddaughter of the informant due to that reason, the present case has been lodged with false allegation.

It is further submitted that it would appear from the FIR that the age of the victim has been disclosed as 19 years. It is further submitted that petitioner has no criminal antecedent and is in custody since 21.11.2019. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Rajapakar P.S. Case No. 81 of 2019.

Patna High Court CR. MISC. No.8768 of 2020(3) dt.02-06-2020 3/3 petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T