Ajay Pandit @ Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40435 of 2024 Arising Out of PS. Case No.-171 Year-2022 Thana- SURSAND District- Sitamarhi ====================================================== Ajay Pandit @ Ajay Kumar Son Of Krishna Nandan Pandit @ Kishandev Pandit Resident Of Village- Bispatti, P.S.- Sursand, Dist- Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ajeet Kumar S/o Late Arun Kumar Tiwari R/o Pathanpur,PS-Sursand,Dist.- Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Kishore Thakur, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 08-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Sursand P.S. Case No. 171 of 2022 for the offence under Sections 363, 366A of the I.P.C. and Section 8 of the POCSO Act.

3. As per the prosecution story, the informant has alleged that on 05.04.2022, her daughter went her school, but she didn't return even after late evening. The informant started search for his daughter. On 06.04.2022 one Raghwendra Tiwari told him that the petitioner - Ajay Pandit has kidnapped your daughter with intent to marry her.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.40435 of 2024(8) dt.08-04-2025 2/3 petitioner is quite innocent and has committed no offence rather he has falsely been implicated in this false case due to misconception of the fact. The entire allegation levelled against the petitioner are false and baseless.

5. Learned APP opposes the prayer for bail.

6. It is clearly stated in para 8 of the bail petition that the victim girl, on her own sweet will eloped with the petitioner as there was love affair between them which reads as under:- "8. That it is further submitted that it is quite false to say that the petitioner has kidnapped the victim girl rather the victim girl on her own sweet will eloped with the petitioner as there was love affair between them."

7. As per case of the prosecution, victim is minor at the time of alleged occurrence. Keeping in view the aforesaid fact, this Court is not inclined to extend him the privilege of anticipatory bail. Accordingly the present anticipatory bail application stands rejected.

8. However, the petitioner is directed to surrender before the learned Court below and pray for regular bail, where the bail application of the petitioner will be heard and decided on the merit specifically considering the statement of the victim recorded under Section 164 Cr.P.C. and the allegation levelled

Patna High Court CR. MISC. No.40435 of 2024(8) dt.08-04-2025 3/3 against the petitioner therein by her (victim).

9. Accordingly, the present petition for anticipatory bail stands disposed of.

(S. B. Pd. Singh, J) Ankit Kumar/- U T