Ritick Kumar @ Ritik Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22990 of 2024 Arising Out of PS. Case No.-3 Year-2023 Thana- PARAIYA District- Gaya ====================================================== Ritick Kumar @ Ritik Kumar S/O- Kamlesh Singh R/O- Village- Lai, P.S.- Mohanpur, Dist.- Gaya.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Vinod Kumar, Adv.

For the Opposite Party/s :

Mr. Rana Randhir Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-04-2024

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The Petitioner is apprehending his arrest in a case in connection with Paraiya P.S. Case No. 03 of 2023 dated 02.01.2023 registered for the offences punishable u/s 363, 366(A) of the Indian Penal Code.

3. As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant with an intention of marriage.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner is not named in the FIR. During the course of investigation, the name of the petitioner has transpired in the instant case. It is further submitted that the victim in her statement recorded u/s 164 of the Cr.P.C has disclosed that she was in love with the petitioner and she went from the house of

Patna High Court CR. MISC. No.22990 of 2024(2) dt.25-04-2024 2/2 her own sweet will and solemnized marriage with the petitioner, thereafter she gave birth to a child out their her wedlock. It is next submitted that now the victim is major and she wants to live with her husband (petitioner). The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances and the statement of the victim recorded u/s 164 of the Cr.P.C, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Excise Special Judge POCSO in connection with Paraiya P.S. Case No. 03 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) annpurna/- U T