Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10008 of 2020 Arising Out of PS. Case No.-183 Year-2019 Thana- ARIYARI District- Sheikhpura ============================================== GAURAV KUMAR S/o Heeralal Vishkarma Resident of VillageHussainabad, P.S.- Ariyari, Distt- Sheikhpura ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Umesh Prasad For the Opposite Party/s :

Mr.Jitendra Kumar Singh ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-06-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody since 19.12.2019 seeks bail in connection with Ariyari P.S. Case No. 183 of 2019 dated 18.12.2019 instituted for the offence under Sections 363, 366(A) of the Indian Penal Code and Section 8 of POCSO Act. The daughter of the informant, who after attending the coaching classes went missing. In course of search, the informant was told by one Ravindra Prasad Singh that the victim girl was seen along with the petitioner near Krishi Kendra. When the informant went to the house of petitioner, he was informed that the petitioner has taken away the victim girl for the purpose of marriage. The victim girl was recovered and her statement

Patna High Court CR. MISC. No.10008 of 2020(3) dt.01-06-2020 2/2 under Section 164 Cr.P.C. was recorded, in which, she has spoken about the involvement of the petitioner. However, from her statement, there does not appear to be any physical onslaught on her. The records of the case and sequence of events indicate and suggest that some kind of relationship had developed between the petitioner and the victim girl but later on the victim girl gave the statement that she was kidnapped in which, the petitioner had also participated.

Regarding being had to the period of custody of the petitioner and the fact that he is a student and the victim girl was also not ravished, the petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional District and Sessions Judge, Sheikhpura in connection with Ariyari P.S. Case No. 183 of 2019. (Ashutosh Kumar, J) sunilkumar/- U T