Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30367 of 2025 Arising Out of PS. Case No.-68 Year-2022 Thana- KARTAHA District- Vaishali ====================================================== Suraj Kumar Son of Vishavnath Rajak @ Amar Nath Rajak Village- Rajaram Kiratpur, P.S- Bhagvanpur, Dist- Vaishali ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Khushbu Kumari, W/o Rakesh Das, R/V - Kartaha , Jagdishpur, PO and PS - Kartaha, Dist - Vaishali ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kaushal Kishor, Advocate For the Opposite Party/s :
Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-05-2025 Heard Mr. Kaushal Kishor, learned counsel appearing on behalf of the petitioner and Mr. Pawan Kumar Chaurasia, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Kartaha P.S. Case No. 68 / 2022 registered for the offence(s) punishable under Sections 363/366(A) and 376 of the Indian Penal Code, Section 9 of the Prohibition of Child Marriage Act and Section 4 of POCSO Act.
3. As per the allegation made in the FIR, petitioner has lured and deceitfully took away the daughter of the informant with bad intention.
4. In the impugned order, it has come that the
Patna High Court CR. MISC. No.30367 of 2025(2) dt.15-05-2025 2/2 statement of the victim was recorded under Section 164 Cr.P.C. and it has also been informed that the victim lived along with the petitioner for seven months, however, no information has been given in the impugned order, as to whether, the victim willingly stayed with the petitioner or she was under his forceful captivity. As such, the learned District Court is directed to pass a fresh order by recording the detail statement of the victim recorded under Section 164 Cr.P.C., well within a period of six weeks, without being prejudiced by its earlier order dated 23.01.2024,
5. Accordingly, the bail application stands disposed of.
(Purnendu Singh, J) Sanjay/- U T