Vivek Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.42318 of 2018 (2) dt.13-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42318 of 2018 ====================================================== Vivek Kumar, son of Binod Baitha, r/o Village Bakhari Najir, PS Mehsi, District East Champaran, Motihari .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anshu Dhar Sharma For the Opposite Party/s : Mr. Akbar Ali APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 13-07-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody since 2.6.2018, seeks bail in Mehsi PS Case No. 159 of 2017 registered under Sections 363/34 of the IPC and 18 Pocso Act.

The allegation in brief is that the accused persons had taken the informant's daughter for the purpose of showing her to bridegroom side and thereafter she did not return back. Learned Counsel for the petitioner submits that the case was instituted after lapse of four days and the girl was not kidnapped by anyone which is reflected from the statement of the girl recorded under Section 164 Cr.P.C., she had gone to her friend's house and herself returned back.

Having considered the said facts and circumstances, the petitioner, namely, Vivek Kumar is directed to 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 Additional Sessions Judge I -cum- Special Judge, East Champaran, Motihari in connection with Mehsi PS Case No. 159 of 2018. Snkumar/- (Arun Kumar, J) U T