Amarjeet Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.25813 of 2016 (3) dt.29-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25813 of 2016 Arising Out of PS.Case No. -360 Year- 2015 Thana -GORAUL District- VAISHALI(HAJIPUR) ====================================================== Amarjeet Kumar Son of Heeralal Sahni, Resident of Village- Shahpur Khurd, PS Goraul (Kathara -OP), District Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anish Chandra, Advocate For the Opposite Party/s : Mr. Arun Kumar Singh -5, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 363, 366(A), 376 of the Indian Penal Code and Sections 4/6 of the POCSOAct.

The prosecution story, in brief, is that on 9.12.2015 the informant had gone to Mahua for some urgent work and his wife, who is Anganbari Sevika, was at her duty and her daughterBharti Kumari was at her home. When the wife of the informant returned from duty she found her daughter was missing. He was informed about missing of his daughter and they tried to search his daughter but no trace could be made. Later on it came to their knowledge that Raushan Kumar and Baliram Sahni have enticed his daughter and it also came to knowledge that the petitioner had kept his daughter.

Patna High Court Cr.Misc. No.25813 of 2016 (3) dt.29-08-2016 It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.12.2015 and the charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The victim has been examined under Section 164 Cr.P.C. where she has admitted love affairs with the petitioner. When she learnt that the petitioner has already married to some other lady, then subsequently she was brought back at Hajipur by the uncle of the petitioner. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named 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 1st Additional District & Sessions Judge-cum-Special Judge, Vaishali at Hajipur in connection with Goraul P.S. case No.360 of 2015. (Sudhir Singh, J) Narendra/- U T