Guddu Yadav @ Saurabh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25480 of 2024 Arising Out of PS. Case No.-258 Year-2023 Thana- KOTWA District- East Champaran ====================================================== Guddu Yadav @ Saurabh Kumar Son of Harindar Prasad Yadav @ Harendra Rai, Resident of Village - Koirgawa, P.S. - Kotwa, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate Mr. Hemant Ray, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Kotwa P.S. Case No.258 of 2023 instituted under Sections 363, 366A, 34 of the Indian Penal Code and Sections 8 and 12 of the POCSO Act.

3. There is allegation of kidnapping of informant's daughter, against the named accused persons including petitioner, while she was returning after attending marriage ceremony.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. There is inordinate delay of about 16 days in lodging the F.I.R. without any plausible explanation. The victim in her statement recorded under Section 164 Cr.P.C has not made any

Patna High Court CR. MISC. No.25480 of 2024(3) dt.31-07-2024 2/2 allegation of sexual assault or kidnapping against the petitioner. The victim in her statement has stated that she left her house with her own sweet will and solemnized marriage with the petitioner due to love affairs. The victim is now a major girl and as per medical report, her age was assessed between 18-19 years. The petitioner is a young boy having no criminal antecedent and he undertakes to cooperate in the investigation.

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 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 6th Additional Sessions Judge-cum-Special Judge, POCSO Act, Motihari, East Champaran in connection with Kotwa P.S. Case No.258 of 2023 subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Harish/- U T