Patna High CourtCR. MISC./35530/2024bail granted

Ashish Kumar v. The State Of Bihar

2024-07-31Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35530 of 2024 Arising Out of PS. Case No.-33 Year-2024 Thana- CHANDAN District- Banka ====================================================== Ashish Kumar S/o Narayan Yadav R/o vill - Mohandih, P.S. - Chandan (Anandpur), Distt. - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar For the Opposite Party/s :

Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Chandan (Anandpur) P.S Case No. 33 of 2024 registered for the offences punishable under Sections 366(A) of the Indian Penal Code and Section 4 of the POCSO Act.

3. As per prosecution case, it is a case of abduction of the minor daughter of the informant.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that petitioner has got no criminal antecedent as stated in para 3 of the bail petition. It is also submitted that petitioner is in judicial custody since

Patna High Court CR. MISC. No.35530 of 2024(3) dt.31-07-2024 2/2 26.02.2024.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and statement under 164 Cr.P.C it appears that in her statement under Section 164 Cr.P.C victim has clearly stated that she fled away with the petitioner according to her own sweet will and solemnized marriage with the petitioner. Moreover, the age of the victim was assessed 17 to 19 years in her medical report. Considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-6-cum Spl. Judge, POCSO, Banka in connection with Chandan (Anandpur) P.S Case No. 33 of 2024.

(Ramesh Chand Malviya, J) Mayank/- U T