Biiki Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19918 of 2022 Arising Out of PS. Case No.-24 Year-2022 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== BIIKI KUMAR son of Saroj Kumar Resident of Village - Patpariya Moran, Police Station - Muffasil Motihari, District - East Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar, Adv.

For the Opposite Party/s :

Mr.Manoj Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

Petitioner apprehends his arrest in a case registered for offence punishable u/s 366(A) and 34 of the IPC and u/s 6 & 8 of POCSO Act.

Allegedly, Petitioner is said to have abducted the informant's minor daughter to marry with her or to sell her. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to local politics. No such occurrence, in the manner as alleged, has ever taken place. It is further stated that victim and petitioner have solemnized

Patna High Court CR. MISC. No.19918 of 2022(2) dt.05-12-2022 2/2 their marriage with consent under the provision of Special Marriage Act with each other. The statement of the victim girl has been recorded u/s 164 Cr.P.C. in which she has not supported the prosecution story and has denied the allegations of inducement against the petitioner. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the victim girl has not supported the prosecution story and has denied the allegations against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Muffasil Motihari P.S. Case No.24 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T