Alok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28336 of 2024 Arising Out of PS. Case No.-188 Year-2022 Thana- BARHARIA District- Siwan ====================================================== Alok Kumar Son Of Suresh Singh @ Chandragupt Sinigh Resident Of Village - Badarzami, P.S. - Barharia, District - Siwan ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar, Adv.

For the Opposite Party/s :

Ms. Usha Kumari 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-05-2024 Permission is granted to learned counsel for the petitioner to make necessary correction in the third paragraph to the bail application.

2. Heard learned counsel for the petitioner and learned counsel for the State.

3. The petitioner apprehends his arrest in connection with Barharia P.S. Case No. 188 of 2022 registered under Sections 363, 366 (A) of the Indian Penal Code, Sections 3(i)(r)(s), 3(2) (v)(a) of SC/ST Act and Sections 8/17 of the POCSO Act.

4. It is alleged that petitioner has kidnapped the minor daughter of informant and when the informant went to the house of the petitioner, petitioner abused and threatened him.

5. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been

Patna High Court CR. MISC. No.28336 of 2024(2) dt.03-05-2024 2/2 implicated in the present case due to ulterior motive. Further submission is that the victim girl in her statement recorded under Section 164 Cr. P.C. has denied the factum of her kidnapping and has clearly stated that she voluntarily left her house and went to Delhi and solemnized marriage with the petitioner. It is next submitted that the medical board has assessed the age of the victim is 17 to 19 years.

6. Having considered the statement of the victim girl recorded under Section 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 six 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, Siwan in connection with Barharia P.S. Case No. 188 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Singh, J) utkarsh/- U T