Vivek Sah @ Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30735 of 2022 Arising Out of PS. Case No.-95 Year-2021 Thana- PURUSHOTTAMPUR District- West Champaran ====================================================== VIVEK SAH @ VIVEK KUMAR SON OF SRI DINESH SAH Resident of Village-Parsa, P.S.-Purushottampur, District-West Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-08-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 366A/34 of the Indian Penal Code. As per allegation, informant's minor daughter was kidnapped by this petitioner on the pretext of marriage. The main submissions advanced by Sri Umesh Chandra Verma, the learned counsel for the petitioner are that petitioner has no criminal antecedent, FIR was lodged after inordinate delay regarding which no explanation has been given and the victim has been recovered and she has recorded her statement before the Judicial Magistrate in which she has not supported the allegation

Patna High Court CR. MISC. No.30735 of 2022(2) dt.24-08-2022 2/2 made in the FIR and the findings of the doctor concerned who medically examined the victim also go against the allegation made in the FIR.

Sri Suresh Prasad Singh, learned APP appearing for the State has opposed the prayer for bail.

In view of above submissions and mainly considering statement of so-called victim recorded under section 164 Cr.P.C which completely goes against the allegation made in the FIR and while recording the said statement, Judicial Magistrate has assessed victim's age as 20 years and also considering petitioner's custody period, stage of his case, in the opinion of this Court, petitioner deserves privilege of bail. Let the petitioner 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 the 7th Addl. Sessions Judge-cum- Special Judge, POCSO Act, West Champaran at Bettiah in Purushottampur P.S Case No. 95 of 2021.

(Shailendra Singh, J) s.hassan/- U T