Vikash Kumar Yadav @ Vikash Kumar @ Vikas Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26531 of 2024 Arising Out of PS. Case No.-716 Year-2020 Thana- SUPAUL District- Supaul ====================================================== Vikash Kumar Yadav @ Vikash Kumar @ Vikas Kumar Yadav Son of Late Vijendra Prasad Yadav @ Bijendra Yadav Resident of vill.-Rahata, Ward No. 11, P.S.-Kumarkhand, Distt.-Madhepura ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kanchan Kumari Wife of Sanjay Sahni Resident of vill.-Gauravgadh, Ward No.04, P.S.-Supaul, Distt.-Supaul ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kuldeep Kumar, Advocate For the State :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-08-2024 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Supaul P.S. Case No. 716 of 2020 for the offence under Sections 366-A and 34 of the Indian Penal Code and section 4 of the POCSO Act has been added lodged on 16.10.2020 by the informant, Kanchan Kumari.

3. The victim girl 'X' has suo moto appeared here and gave her credentials to show her bona fide that she is girl whose name has been incorporated in the F.I.R. According to her, she has solemnized marriage with the accused against her family wishes.

4. The case has been lodged, the accused will have to

Patna High Court CR. MISC. No.26531 of 2024(4) dt.30-08-2024 2/3 face the trial, this is anticipatory bail and considering the statement of the girl whose duly signed Aadhar Card is also part of the record, this Court is inclined to extend petitioner the privilege of anticipatory bail.

5. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional District & Sessions Judge-6th -cum-Special Judge POCSO Act, Supaul, in connection with Supaul P.S. Case No. 716 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;

(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences,

Patna High Court CR. MISC. No.26531 of 2024(4) dt.30-08-2024 3/3 failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) vinayak/- U T