← Library
Patna High CourtCR. MISC./21603/2024allowed

Tirpit Das v. The State Of Bihar

2024-04-22Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21603 of 2024 Arising Out of PS. Case No.-90 Year-2023 Thana- BELSAND District- Sitamarhi ====================================================== Tirpit Das Son of Brhmadev Das Resident of Village- And P.O.- Chandauli, Ward No. 09, P.S.- Belsand, Dist- Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Murari, Advocate.

For the Opposite Party/s :

Mr. Uday Chand Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Belsand P.S. Case No.90 of 2023 instituted under Sections 366(A), 341, 323, 504, 506/34 of the Indian Penal Code & Section 8 of POCSO Act.

3. As per the prosecution case, the minor daughter of the informant has been kidnapped for the purpose of marriage by the co-accused Mritunjay Kumar.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that petitioner is uncle of the coaccused and the allegation against the petitioner is that he has not cooperated with the informant in searching his minor girl

Patna High Court CR. MISC. No.21603 of 2024(2) dt.22-04-2024 2/2 which is an afterthought. He also submits that the F.I.R. has been lodged after five days without any plausible explanation. Learned counsel submits that petitioner has no concern with the alleged offence and he is ready to cooperate in the investigation. He further submits that petitioner has no criminal antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Additional Sessions Judge VI cum Special Judge (POCSO Act), Sitamarhi in connection with Belsand P.S. Case No.90 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) Ritik/- U T