Anand Kumar @ Golu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26282 of 2020 Arising Out of PS. Case No.-813 Year-2019 Thana- SAHARSA District- Saharsa ====================================================== ANAND KUMAR @ GOLU Son of Lalan Kumar Raut @ Lalan Raut Resident of Mohalla - Batraha Ward No. 27 Saharsa, P.S. and District - Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarnath Jha For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-11-2020 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic. Heard the learned counsel for the petitioner and Sri Upendra Kumar, the learned A.P.P. for the State. This is an application for grant of anticipatory bail in connection with Saharsa Sadar PS case no. 813 of 2019 registered for the offences punishable under Sections 363, 366, 366(A) of Indian Penal Code and 6 of POCSO Act. The petitioner is alleged to have kidnapped the minor daughter of the informant with the help of five other culprits and is stated to have solemnized marriage with her. The learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the present case. The learned counsel for the petitioner has

Patna High Court CR. MISC. No.26282 of 2020(3) dt.25-11-2020 2/2 further submitted that the victim girl is a major and had voluntarily eloped with the petitioner, as is apparent from the statement made by the victim girl under Section 164 Cr.P.C. before the learned Magistrate and infact is also pregnant, as has been stated by the victim girl.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the statement made by the victim girl under Section 164 Cr.P.C., I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Judge, POCSO, Saharsa in connection with Saharsa Sadar PS case no. 813 of 2019 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T