Aditya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20008 of 2021 Arising Out of PS. Case No.-768 Year-2020 Thana- BETTIAH CITY District- West Champaran ====================================================== Aditya Kumar Son Of Ravi Kumar Verma R/O Village- Ghogha, Ward No.11, P.S.- Gopalpur, District- West Champaran At Bettiah At Present Resident Of Mohalla- Banuchhapar, Near Mobile Tower And Modern Asian Convent School, P.S.- Bettiah Muffail (BANUCHHAPAR O.P.), District- West Champaran At Bettiah.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Upadhyay Saurabh Kumar For the Opposite Party/s :

Ms. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-09-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in connection with Bettiah Town (Kalibagh O.P.) P.S. Case No. 768 of 2020 registered for the offence punishable under Sections 363, 366-A read with Section 34 of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act, 2012.

Patna High Court CR. MISC. No.20008 of 2021(2) dt.03-09-2021 2/3 As per the prosecution case, allegation against the petitioner is that petitioner along with four co-accused persons forcibly kidnapped daughter of the informant who is aged about 16 years. It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. No such occurrence as alleged ever took place. He submits that the falsity of the case is more evident from the statement of the informant that the petitioner has committed the similar offence against the daughter of the informant earlier but it is very strange that the informant has not lodged any case or Sanha against the petitioner or others.

The daughter of the informant is living with her parents and she was never beeen kidnapped by the petitioner, his father as well as others. He submits that after medical examination doctor has opined that the age of the victim is between 17 to 19 years. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent and he is languishing in custody since 10.12.2020. Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail, on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.20008 of 2021(2) dt.03-09-2021 3/3 where the case is pending/successor court in connection with Bettiah Town (Kalibagh O.P.) P.S Case No. 768 of 2020. (Anjani Kumar Sharan, J) GAURAV S./- U T