Tinku Kumar @ Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28305 of 2021 Arising Out of PS. Case No.-762 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== Tinku Kumar @ Abhishek Kumar Son of Indrasan Bhagat Resident of Village - Bhalui, P.S.- Majhauliya, Distt.- West Champaran. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 29001 of 2021 Arising Out of PS. Case No.-762 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

Indrasan Bhagat S/O Hari Bhagat R/O Village-Bhalui, P.S-Majhauliya, District West Champaran 2.

Bindu Devi W/O Indrasan Bhagat R/O Village-Bhalui, P.S-Majhauliya, District West Champaran ... ... Petitioners

Versus

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

(In CRIMINAL MISCELLANEOUS No. 28305 of 2021) For the Petitioner/s :

Ms. Anjali Kumari, Advocate.

:

Mr.Bimlesh Kumar Pandey, Advocate.

For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP.

(In CRIMINAL MISCELLANEOUS No. 29001 of 2021) For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-04-2022 Heard learned counsel for the parties.

Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioner seeks anticipatory bail in connection

Patna High Court CR. MISC. No.28305 of 2021(3) dt.21-04-2022 2/3 with Majhauliya P.S. Case No. 762 of 2020, registered for the offence under Sections 366A/34 of the Indian Penal Code and Section 12 of the POCSO Act.

From the reading of the F.I.R., it appears that the girl who was on the verge of attending majority had a love affair with one Roushan Kumar and she eloped with Roushan after taking money and jewellary from the house. Thereafter, she was recovered by the police and her statement under Section 161 Cr.P.C., was recorded. There is no allegation of any rape or sexual intercourse by the accused persons.

It has been submitted by the learned counsel for the petitioner that recently the girl has got married but the same is not on record and the learned counsel for the informant is also enable to support the statement of the petitioner. Considering the fact that girl who was on the verge of attending majority and love affair with Roushan Kumar and she eloped with him these applications for anticipatory bail are allowed.

Let the petitioner, above named, in the event of his arrest/surrender within four 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

Patna High Court CR. MISC. No.28305 of 2021(3) dt.21-04-2022 3/3 each to the satisfaction of learned Additional District and Sessions Judge 6th cum Special Judge, Bettiah in connection with Majhauliya P.S. Case No. 762 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sandeep Kumar, J) siddharthkr/- U T