Patna High CourtCR. MISC./26259/2025disposed

Arjun Kumar v. The State Of Bihar

2025-11-07Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26259 of 2025 Arising Out of PS. Case No.-211 Year-2024 Thana- JOGAPATTI District- West Champaran ====================================================== Arjun Kumar S/o Ramesh Yadav @ Ramesh Prasad R/o Village- Chandraha Rupwaliya, Police station- Bathuwariya, District- west Champaran ... ... Petitioner/s

Versus

The State of Bihar 2.

Satya Narayan Yadav S/o Late Balaknai Yadav R/o vill- Nimuiya, P.s.- Nawalpur, Distt.- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Kishor Mishra, Adv.

For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-11-2025 Heard Mr. Vashishtha Narayan, learned Counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Yogapatti Police Station No. 211 of 2024 for the offence registered under sections 341, 363, 366(A)/34 of the IPC and Sections 8, 12 of the POCSO Act lodged on 21.06.2024 by the informant, Satyanarayan Yadav.

3. Earlier, the notice was issued to the Opposite Party no. 2 on 02.09.2025 and the office note shows that the same has not been received by the concerned opposite party.

4. The victim girl is present in the Court along with an infant which has come out of the said wedlock with the

Patna High Court CR. MISC. No.26259 of 2025(5) dt.07-11-2025 2/3 petitioner. The lady supports the 164 Cr.P.C. statement made by her (incorporated in paragraph 93 of the case diary) and submits that she moved on her own, went to the Areraj Temple, solemnized marriage and only to pressurize them, the parents have filed the present case.

5. As per the prosecution story, the opposite party no. 2 alleged that the girl went out to attend the nature's call but was taken away by the petitioner along with other associates forcibly. This led to the FIR.

6. FIR is there, the petitioner will face the music, the girl has narrated before this Court that she went on her own, a child has come out of the wedlock, as stated above, in that background, this Court is inclined to grant him the anticipatory bail with conditions.

7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI-cum Special Judge-POCSO, Bettiah, District- West Champaran in connection with Yogapatti Police Station No. 211 of 2024 subject to condition as laid down under

Patna High Court CR. MISC. No.26259 of 2025(5) dt.07-11-2025 3/3 Section 438(2) of the Cr.P.C.

(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show his 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 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, 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 the bail bonds. (Rajiv Roy, J) Vijay Singh/- U T