Gaurav Kumar @ Gaurav Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20881 of 2023 Arising Out of PS. Case No.-542 Year-2022 Thana- BODHGAYA District- Gaya ====================================================== GAURAV KUMAR @ GAURAV PASWAN S/O BHIM PASWAN R/O Village- Fajlaha, P.S- Sherghati, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Radha Mohan Singh, Adv.

For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-06-2023 Heard Mr. Radha Mohan Singh, learned counsel for the petitioner and Ms. Pushpa Sinha, learned Additional Public Prosecutor for the State.

2. Petitioner apprehends his arrest in connection with Bodh Gaya PS Case No. 542/2022 dated 27.08.2022 registered for the offence punishable under Sections 366(A)/34 of the IPC.

3. As per allegation made in the FIR, the petitioner abducted the minor daughter of the informant for the purpose of marriage.

4. Learned counsel for the petitioner submits that the the petitioner has not committed any offence in the manner alleged. He further submits that the victim girl was recovered and her statement was recorded under Sections 161 and 164 of the CrPC wherein she has categorically stated that she had left

Patna High Court CR. MISC. No.20881 of 2023(2) dt.24-06-2023 2/2 her home voluntarily and she had gone to Hyderbad via Kolkata. At Hyderabad, she was taken into custody by the RPF personnel and was handed over to the Child Welfare Committee, Sikandrabad and brother of the victim girl arrived there and took her back to Bodh Gaya. The statement of the victim girl recorded under Section 164 of the CrPC has been annexed as Annexure-2 to this petition.

5. Regards being had to the submissions made by the parties and taking into consideration the statement of the victim recorded under Sections 161 and 164 CrPC, I am inclined to grant anticipatory bail to the petitioner.

6. Accordingly, let the petitioner, named above, in the event of arrest or surrender within four weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge POCSO-CUMADJ-VI, Gaya in connection with Bodh Gaya PS Case No. 542/2022, subject to the condition as laid down under Section 438(2) CrPC.

(Anil Kumar Sinha, J) perwez U T