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Patna High CourtCR. MISC./26006/2024allowed

Dilip Kumar @ Dilip Kumar Pandit @ Dilip Kumar Parit v. The State Of Bihar

2024-07-31Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26006 of 2024 Arising Out of PS. Case No.-256 Year-2023 Thana- RAGHUNATHPUR District- Siwan ====================================================== Dilip Kumar @ Dilip Kumar Pandit @ Dilip Kumar Parit son of Late Panchanand Parit Village- Amwari Ps- Raghunathpur Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, 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 Raghunathpur P.S. Case No. 256 of 2023 instituted under Sections 363 and 366(A) of the Indian Penal Code and Section 8/17 of the POCSO Act.

3. As per the prosecution case, when the daughter of the informant went for Intermediate examination at Ramanand High School, co-accused Abhishek Kumar kidnapped her for the purpose of marriage. It is further alleged that petitioner and one other co-accused helped in kidnapping of the daughter of the informant.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.26006 of 2024(3) dt.31-07-2024 2/2 case. He further submits that the FIR has been lodged after six days of the alleged occurrence and only on the basis of suspicion, the name of the petitioner has been implicated in this case due to being the co-villager. The specific allegation is against the co-accused Abhishek Kumar. He further submits that petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and the trial.

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 A.D.J.-VI cum Exclusive Special Judge POCSO, Siwan / Concerned Trial Court in connection with Raghunathpur P.S. Case No. 256 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) ashishkr/- U T