Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36490 of 2024 Arising Out of PS. Case No.-51 Year-2024 Thana- MADHUBAN District- East Champaran ====================================================== Aman Kumar S/o- Sanjay Chaudhari @ Sanjay Chaudhary Village- Gandhi Chowk, Madhuban Dakshani, Ward No. 7, P.S.- Madhuban, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 365, 366A, 504, 506 and 34 of the IPC and Section 8 of the POCSO Act in connection with Madhuban P.S. Case No.51 of 2024.

3. The learned counsel for the petitioner submits that petitioner is a person with clean antecedent. It is next submitted that the informant alleges that his minor daughter, aged about 17 years, on 05.02.2024, at about 09:30 p.m., had gone to dispose garbage but did not return, thereafter, a hectic search was made and the informant came to know that one Aman Kumar (Petitioner) had forcibly taken her on a motorcycle, accordingly, he went to the house of Aman Kumar when his family members

Patna High Court CR. MISC. No.36490 of 2024(3) dt.02-08-2024 2/3 abused him thus alleges that Aman in connivance with accused persons got his daughter kidnapped.

4. Learned counsel for the petitioner submits that from tenor of the allegation as alleged in the FIR, it would manifest that Aman and the victim were in love and they eloped. It is further submitted that the family members of Aman came to be implicated who approached this Court seeking anticipatory bail by filing Cr. Misc. No.33710 of 2024 and the same was allowed by an order dated 23.07.2024. It is next submitted that victim came back and her statement was recorded under Section 164 Cr.P.C. wherein she supported the case of the prosecution and stated that Aman in connivance with the accused persons kidnapped her. It is further submitted that after the victim came back, her statement under Section 164 Cr.P.C. was recorded under parental pressure.

It is further submitted that since everyone was aware that petitioner and the victim were in love and had eloped and a false case of kidnapping came to be instituted as such on intervention of well wishers the parties compromised as would manifest from Annexure-2 to the anticipatory bail application. The compromise entered in between the side of the petitioner and the informant is dated 06.03.2024.

Patna High Court CR. MISC. No.36490 of 2024(3) dt.02-08-2024 3/3

5. The learned APP opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 7th Additional Sessions Judge-cum-Special Judge, POCSO Act, East Champaran in connection with Madhuban P.S. Case No.51 of 2024.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T