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Patna High CourtCR. MISC./10272/2023allowed

Mantu Kumar Yadav @ Mantu Kumar @ Mantu Yadav @ Pramod v. The State Of Bihar

2023-04-20Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10272 of 2023 Arising Out of PS. Case No.-491 Year-2020 Thana- CHOUTARWA District- West Champaran ====================================================== Mantu Kumar Yadav @ Mantu Kumar @ Mantu Yadav @ Pramod Son Of Parwal Yadav R/V- Bathwariya, P.S.- Chautarva (Bathwariya), District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 363, 366A of the Indian Penal Code in which cognizance has been taken under Section 341, 323, 363, 366A, 504, 34 of the IPC and Section 8 of the POCSO Act.

Petitioner along with other accused persons are said to have kidnapped the daughter of the informant for the purpose of marriage.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the victim girl being major had herself left her house out of her own sweet will. He submits that the victim

Patna High Court CR. MISC. No.10272 of 2023(2) dt.20-04-2023 2/2 has denied the story of her kidnapping in her statement recorded under Section 164 Cr.P.C. rather she stated claiming herself to be major being aged about 19 years. He submits that the Medical Board has found the age of the victim to be 17 to 19 years. He further submits that petitioner has criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Chautarwa (Bathwariya) P.S. Case No. 491 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T