Patna High CourtCR. MISC./31452/2024bail granted

Ankit Kumar v. The State Of Bihar

2024-09-13Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31452 of 2024 Arising Out of PS. Case No.-77 Year-2023 Thana- BASANHI District- Saharsa ====================================================== Ankit Kumar S/o Rajdeep Paswan R/o vill - Agma ward no. 7, P.s. - Basnahi, Distt. - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarnath Jha, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-09-2024 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 366 A , 504, 323 and 34 of the Indian Penal Code and Sections 14 and 18 of the POCSO Act.

3 . As per the prosecution case , this petitioner along with other co-accused persons kidnapped the minor daughter of informant for the purpose of marriage .

4. Learned counsel for the petitioner submits that he has falsely been implicated in this case only on the basis of suspicion . The victim in her statement recorded under Section 164 Cr. P C has denied the prosecution case and stated that she had gone to her friend and nobody has kidnapped her. The learned Court below has assessed the age of the victim as 18

Patna High Court CR. MISC. No.31452 of 2024(3) dt.13-09-2024 2/2 years. Petitioner claims clean antecedent.

5 . Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the statement of the victim recorded under Section 164 Cr. P C , clean antecedent of petitioner and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, 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 VIth Additional Sessions Judge - cum Special Judge (POCSO) Saharsa in connection with Basnahi P.S. case No. 77 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

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