Aniket Kumar @ Chhotu Kumar @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19472 of 2023 Arising Out of PS. Case No.-155 Year-2020 Thana- MUNGER MUFFASIL District- Munger ====================================================== Aniket Kumar @ Chhotu Kumar @ Chhotu, aged about 21 years, Male, S/O Rakesh Kumar Yadav @ Bablu Yadav @ Rakesh Yadav Resident of VillageAkbar Nagar, P.S.- Akbar Nagar, District- Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dharmendra Sah aged about 38 years, Male, S/O Saryug Sah, Resident of Village- Katariya, P.S.- Muffasil, District- Munger. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jyoti Ranjan Jha, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Muffasil P.S. Case No. 155 of 2020 (POCSO Case No. 46 of 2020) dated 23.06.2020 registered for the offence punishable under Sections 366A/34 of the Indian Penal Code and 8 of the POCSO Act. The allegation against the petitioner is that the petitioner has enticed and kidnapped the daughter of the informant with an intention to marry her.

Learned counsel for the petitioner submits that the doctor has assessed the age of the victim girl between 17-18 years. He submits that due to love affairs, the victim girl herself

Patna High Court CR. MISC. No.19472 of 2023(2) dt.17-05-2023 2/2 fled away with the petitioner. The petitioner having no criminal antecedent is in custody since 29.08.2022 without any fault on his part. Charge-sheet has already been filed against the petitioner and there is no chance of his absconding or tampering with the evidence if released on bail.

Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge (POCSO Act) cum- Additional Sessions Judge, VI, Munger in connection with Muffasil P.S. Case No. 155 of 2020 (POCSO Case No. 46 of 2020).

(Sunil Dutta Mishra, J) shweta/- U T