Anjani Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3425 of 2017 Arising Out of PS.Case No. -246 Year- 2016 Thana -MAJORGANJ District- SITAMARHI ====================================================== Anjani Kumar, S/o Kishandeo Rai, Resident of Village- Parsa, P.S.- Majorganj, District- Sitamarhi.

.... .... Petitioner.

Versus

The State of Bihar.

.... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : M/s. N.K. Agrawal, Senior Advocate & Dhananjaya Nath Tiwari, Advocate.

For the State : Mr. Ram Priya Saran Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 14-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Majorganj P.S. Case No.246 of 2016 registered under Sections 376/34 of the Indian Penal Code besides Sections 4/6 of the POCSO Act. The accusation is that in the night of 02/03.09.2016, the grand daughter of the informant slept in the house after taking the dinner but in the morning, she was not found in the house. In course of search, the informant came to know that his villagers, namely, Ravi Rai and Anjani Kumar (petitioner) took away his grand daughter and when pressure was given to Paramhans Rai, the father of Ravi Rai, then in the evening, the grand daughter of

Patna High Court Cr.Misc. No.3425 of 2017 (2) dt.14-02-2017 2/3 the informant returned to the house with Reena Devi, the daughter of Paramhans Rai. On query, the grand daughter of the informant stated about taking her by Ravi Rai and this petitioner and also committing bad work with her by them. To sort out the dispute at the Panchayat level, the informant did not went to the police station on the same day but on 06.09.2016, early in the morning, his grand daughter was also not found in the house and in course of search, she was found at Maniyari Chowk and on query, she again stated that this petitioner had taken her.

Learned counsel appearing on behalf of the petitioner submits that, in fact, there was love affair in between the grand daughter of the informant and this petitioner and the grand daughter of the informant left the house at her own sweet will but under pressure of her family members, she stated about taking her by this petitioner and Ravi Rai. Moreover, on her medical examination, the age of the grand daughter of the informant has been assessed in between 15-17 years. The petitioner having no criminal antecedent is in custody since 09.09.2016. 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.

Patna High Court Cr.Misc. No.3425 of 2017 (2) dt.14-02-2017 3/3 1st Additional Sessions Judge, Sitamarhi, in connection with Majorganj P.S. Case No.246 of 2016.

(Rajendra Kumar Mishra, J) P.S./- U T