Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10898 of 2025 Arising Out of PS. Case No.-41 Year-2024 Thana- CHIRAIYA District- East Champaran ====================================================== Bipin Kumar S/o- Tribhuvan Sah Resident of Village- Belahi Ram Mirzapur Ward No 05 PS- Pathi District- East Champaran ... ... Petitioner

Versus

1.

The State of Bihar 2.

Vimal Yadav @ Bimal Yadav S/o- Late Jai Krishna Ram Village- Chhotki Bhaluahi Ps- Shikarganj Dist- East Champaran ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Karandeep Kumar, Advocate For the Opposite Party :

Mr.Tapeshwar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-05-2025 Heard learned counsel for the petitioner and the State.

2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 366A/34 of the Indian Penal Code and sections 4 and 8 of the POCSO Act.

3. As per the prosecution case, petitioner and other accused persons kidnapped 16 years old minor daughter of the informant for the purpose of marriage.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He submits that the victim, in her statement recorded under section 164 of the Code of Criminal Procedure, has not stated anything against the petitioner rather she has stated that she was in love with the petitioner and has

Patna High Court CR. MISC. No.10898 of 2025(3) dt.14-05-2025 2/2 married with him on 12.2.2024 in Arya Samaj Mandir, Ghaziabad, Uttar Pradesh and is also carrying a pregnancy from the said wedlock. Petitioner claims clean antecedent.

5. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within eight weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge VI cum Ex. Special Judge, POCSO Act, Motihari, East Champaran in Chiraiya Police Station Case No. 41 of 2024, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T