Amresh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11074 of 2023 Arising Out of PS. Case No.-332 Year-2021 Thana- CHHATAPUR District- Supaul ====================================================== AMRESH KUMAR YADAV S/o Kamleshwari Yadav R/o Village- Dahari, P.S.- Chhatapur, Distt- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-04-2023 Heard learned counsel for the petitioner and the State.

The petitioner apprehends arrest in a case registered for the offence punishable under sections 365/366A/34 and other allied sections of the Indian Penal Code and section 8/17 of the POCSO Act .

As per the prosecution case, petitioner and other accused persons are alleged to have abducted the informant's daughter on Auto tempoo and kept her to village Daharia. Learned counsel appearing for the petitioner submits that the victim in her girl in her 161 Cr.P.C. statement before the police has denied the allegation stating that she went alone to Khagaria to attend a function of her friend without informing her family members. However, girl in her 164 Cr.P.C. statement

Patna High Court CR. MISC. No.11074 of 2023(2) dt.27-04-2023 2/2 took U turn and supported the prosecution case. Similarly situated co-accused has already been allowed pre-arrest bail by a co-ordinate bench of this Court vide para 10 of the bail petition. Petitioner claims clean antecedent. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge VI cum Special Judge, POCSO Act Supaul in POCSO case no. 75 of 2021/Chhatapur Police Station Case No. 332 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T