Shashi Kant Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52181 of 2017 Arising Out of PS.Case No. -38 Year- 2017 Thana -KAMTAUL District- DARBHANGA ====================================================== Shashi Kant Mishra son of Tripurari Mishra, resident of village - Madhopatti, Police Station - Kamtaul, District - Darbhanga. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the State : Mr. Shailendra Kumar -2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Kamtaul P.S. Case No.38 of 2017 registered under Sections 363 and 366A/34 of the of the Indian Penal Code and Sections 4/8 of the Protection of Children from Sexual Offences Act. Regard being had to the order dated 23.06.2017 passed by the court below in POCSO ABP No.02 of 2017 wherein it is mentioned that the victim girl in her statement under Section 164 of the Code of Criminal Procedure clearly denied her kidnapping by the petitioner and stated that she out of her sweet will eloped with the petitioner and she wants to marry him, in the event of arrest or surrender before the court below within six weeks from

Patna High Court Cr.Misc. No.52181 of 2017 (4) dt.19-12-2017 2/2 today, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional District and Sessions Judge-cum-Special Judge (POCSO), Darbhanga in connection with Kamtaul P.S. Case No. 38 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md.S./- U T