Anil Chauhan @ Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10569 of 2025 Arising Out of PS. Case No.-145 Year-2023 Thana- SIKTA District- West Champaran ====================================================== Anil Chauhan @ Anil Kumar Son of Shesh Chauhan Sheshnath Chauhan Resident of Village-Nuniya Tola, Sherwa, P.S.- Lauriya, Distt.- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ramnath Patel Son of Yogendra patel Resident of Village- Gauchari, P.S.- Balthar, Distt.- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar, Adv Mr. Sitesh Kashyup, Adv For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-08-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Sikta P.S. Case No. 145 of 2023 for the offences punishable under Sections 366A of the I.P.C. and Section 8/12 of the POCSO Act.

3. As per the prosecution case, the petitioner and the other co-accused persons are alleged to have kidnapped the minor daughter of the informant for the purpose of marriage.

4. Learned counsel for the petitioner submits that the petitioner is aged about 21 years and has falsely been implicated in this case. It is further submitted that the statement of the

Patna High Court CR. MISC. No.10569 of 2025(3) dt.20-08-2025 2/3 victim girl was recorded under Section 164 of Cr. P.C., wherein she has disclosed her age as 17 year and has stated that she was not kidnapped rather she had gone out of her own sweet will with the petitioner. It is next submitted that there was love affairs between the petitioner and the victim girl and they have solemnized marriage and one child has born out of their wedlock.

5. Regards being had to the submissions advanced on behalf of the parties and taking into considering the statement of the victim girl under Section 164 of the Cr. P.C. as well as the fact that the petitioner and victim girl have solemnized marriage, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge 7th-cum-Special Judge, POCSO, West Champaran, in connection with Sikta P.S. Case No. 145 of 2023, subject to the condition laid down under Section 482 (2) of the

Patna High Court CR. MISC. No.10569 of 2025(3) dt.20-08-2025 3/3 Bharatiya Nagarik Suraksha Sanhita, 2023.

(Anil Kumar Sinha, J) Jyoti/- U T