Bharat Kumar @ Bharat Jamadar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24090 of 2023 Arising Out of PS. Case No.-133 Year-2022 Thana- CHHABILAPUR District- Nalanda ====================================================== Bharat Kumar @ Bharat Jamadar S/o Krishna Bind @ Krishna Jamadar Resident of village-Karimpur, P.S.-Chhabilapur, District-Nalandda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr. Satyendra Kumar Srivastava Mr.Pankaj Kumar For the Opposite Party/s :
Mr.Binod Kumar No. 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-09-2023 Heard learned counsel for the petitioner and the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 366A, 376, 120B of the Indian Penal Code and section 8/12 of the POCSO Act.
3. As per the prosecution case, all the FIR named accused persons including petitioner kidnapped the minor sister of the informant for unlawful purpose.
4. It is submitted that petitioner has been falsely implicated in this case. The victim girl in her statement under Section 164 Cr.P.C has denied the factum of her kidnapping and stated that she voluntarily left her house and went along with
Patna High Court CR. MISC. No.24090 of 2023(5) dt.25-09-2023 2/2 this petitioner and also solemnized marriage. The court below has assessed her age to be 18 years. Petitioner claims clean antecedent.
5. In view of statement of victim girl under Section 164 Cr.P.C, the petitioner above-named, in the event of his arrest/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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 7th Additional Sessions Judge-cum-Special Judge POCSO Act, Biharsharif, Nalanda in connection with Chhabilapur P.S. Case No. 133 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) vinita/- U T