Sarvesh Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17257 of 2025 Arising Out of PS. Case No.-208 Year-2019 Thana- PATAHI District- East Champaran ====================================================== Sarvesh Kumar Pandey, son of Prabhakar Pandey, resident of village- ward no. 11, Suga Pipar, P.S.- Patahi, District- East Champaran ... ... Petitioner

Versus

1.

The State of Bihar 2.

Ramnaresh Sah S/o Late Nandlal Resident of Village- Suga Pipar, P.SPatahi , Dist- East Champaran. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Abhishek Kumar, Advocate For the Opposite Party :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-05-2025 Heard learned counsel for the parties.

2.

This is the second attempt on behalf of the petitioner for grant of anticipatory bail in connection with Patahi P.S. Case No.208 of 2019 registered for the offence under sections 341, 345, 346, 363-A, 365 and 366-A, 369, 370 and 376 of the Indian Penal Code and under section 8 of the POCSO Act. Earlier, the prayer of the petitioner for grant of anticipatory bail has been withdrawn by this Court vide order dated 23.05.2022 passed in Criminal Miscellaneous No.47390 of 2021.

3.

The petitioner is alleged to have kidnapped the minor daughter of the informant.

4.

Learned counsel for the petitioner has submitted that the petitioner is accused in one more case for the same occurrence in which the petitioner has been granted

Patna High Court CR. MISC. No.17257 of 2025(2) dt.02-05-2025 2/2 anticipatory bail by a coordinate Bench of this Court vide order dated 18.08.2022 passed in Criminal Miscellaneous No.5031 of 2022.

5.

It has been submitted by learned counsel for the petitioner that the victim in her statement recorded under section 164 of the Cr.P.C. has not even remotely supported the prosecution case.

6.

Considering the facts and circumstances of the case and also the submission of learned counsel for the petitioner, this bail application is allowed. 7.

Let the petitioners above named, in the event of his arrest/surrender within six weeks from today in the Court below, 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 the learned Additional Sessions Judge-cum- Special Judge, POCSO, Motihari, East Champaran, in connection with Patahi P.S. Case No.208 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sandeep Kumar, J) pawan/- U T