Vikash Kumar @ Vikash Kumar Rai @ Vikash Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59451 of 2017 Arising Out of PS.Case No. -113 Year- 2017 Thana -BIHRA District- SAHARSA ====================================================== Vikash Kumar @ Vikash Kumar Rai @ Vikash Rai, Son of Binod Rai, resident of Village- Patel Nagar, Hatiya Gachhi, P.S.- Saharsa, DistrictSaharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra, Advocate For the Opposite Party/s : Mr. Aditya Narayan Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-01-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

This is an application for grant of anticipatory bail in connection with Bihra P.S. Case No. 113 of 2017 (POCSO-18/17) registered for the offences punishable under Sections 366 and 365 of the Indian Penal Code and Section 8 of the Protection of Children for Sexual Offence Act.

The allegation is regarding the petitioner taking away the victim girl with him forcibly and when he was told by the informant side not to take the girl, he had threatened the informant side.

The learned counsel for the petitioner submits that the victim girl in her statement under Section 164 of the Code of Criminal Procedure has stated that she was having a love affair

Patna High Court Cr.Misc. No.59451 of 2017 (2) dt.10-01-2018 2/2 with the petitioner and has voluntarily gone with the petitioner as well as has married him. It is further submitted that the victim girl has disclosed her age as 19 years in her statement. Considering the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-1st-cum-Speical Judge, POCSO Act, Saharsa in connection with Bihra P.S. Case No. 113 of 2017 (POCSO-18/17) subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T