Vikash Kumar Das @ Vikesh Kumar Das @ Vekash Kr. Das @ Bikesh Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13098 of 2024 Arising Out of PS. Case No.-252 Year-2023 Thana- SANOKHAR District- Bhagalpur ====================================================== Vikash Kumar Das @ Vikesh Kumar Das @ Vekash Kr. Das @ Bikesh Kumar Das S/o Anil Das R/o vill - Kesopur, P.S. - Amdanda, Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Sinha, Adv.

For the Opposite Party/s :

Ms. Sucheta Yadav, APP For the Informant :

Mr. Swapnil Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-04-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner seeks regular bail in connection with Sanokhar (Amdanda) P.S. Case No. 252 of 2023, lodged on 13.10.2023 under Sections 363, 366(A) of the Indian Penal Code read with section 8 of the POCSO Act.

3. As per the prosecution case, the FIR has been lodged against the sole petitioner. The allegation against the present petitioner is that he has kidnapped the informant's daughter with a view to marry.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the alleged victim girl has been recovered and

Patna High Court CR. MISC. No.13098 of 2024(3) dt.18-04-2024 2/3 she is living with her parents. Counsel submits that in her statement under section 161 Cr.P.C., she has stated that she herself went, but in statement under section 164 Cr.P.C., she has supported the prosecution. Counsel further submits that the criminal antecedent of the petitioner is clean and he is in custody since 17.10.2023 unnecessarily.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the petitioner has found juvenile by the doctor.

6. Learned counsel for the informant vehemently opposes the prayer for bail of the petitioner and submits that in statement under section 164 Cr.P.C., the specific allegation has been made against the present petitioner.

7. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner.

8. Accordingly, the prayer for regular bail of the petitioner in connection with Sanokhar (Amdanda) P.S. Case No. 252 of 2023, pending before the learned Exclusive Special Judge (POCSO)-cum-7th Additional District & Sessions Judge, Bhagalpur is hereby rejected.

9. Liberty is hereby granted to the petitioner that he may renew his prayer for bail only after one year from the date

Patna High Court CR. MISC. No.13098 of 2024(3) dt.18-04-2024 3/3 of taking cognizance.

10. Trial Court is directed to expedite the trial in accordance with the time frame fixed under the POCSO Act. (Dr. Anshuman, J.) Divyansh/- U T