Aditya Kumar @ Aditya @ Tunnu Mahto @ Tunnu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27585 of 2024 Arising Out of PS. Case No.-751 Year-2023 Thana- CHANPATIA District- West Champaran ====================================================== Aditya Kumar @ Aditya @ Tunnu Mahto @ Tunnu Son of Late Hiralal Mahto Resident of Village- Barohiya, P.S.- Chanpatia, Dist.- West Champaran, At present Village- Chaube Tola More, Shiv Chowk, P.S.- Kumarbag O.P., Dist.- West Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Ranjan Kumar Srivastav Son of Late Ganesh Prasad Resident of VillageBankatwa, P.S.- Kumarbag O.P., Dist.- West Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma, Adv.
Mr. Sharad Kumar Verma, Adv.
Mr. Hemant Ray, Adv.
For the Opposite Party/s :
Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Chanpatia P.S. Case No. 751 of 2023 registered under Sections 366-A/34 of the Indian Penal Code and Section 8 of the POCSO Act.
3. The prosecution case, in brief, is that on 09.12.2023 at about 8:00 p.m., the daughter of informant aged about 13 years went to attend the call of nature and did not return, then the
Patna High Court CR. MISC. No.27585 of 2024(3) dt.05-09-2024 2/3 informant started searching her and he came to learn that this petitioner along with accused persons named in the FIR kidnapped the daughter of informant for the purpose of marriage.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Further submission is that the victim in her statement recorded under Sections 161 and 164 Cr.P.C. has clearly stated that she herself went with this petitioner to Ludhiyana, where both of them have solemnized marriage and started residing there as husband and wife. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case as well as the statement of victim recorded under Sections 161 and 164 Cr.P.C., let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-VI-cum-Special Judge, POCSO Act,
Patna High Court CR. MISC. No.27585 of 2024(3) dt.05-09-2024 3/3 West Champaran at Bettiah in connection with Chanpatia (Kumarbag) P.S. Case No. 751 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/- U T