Anshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 38256 of 2024 Arising Out of PS. Case No.-202 Year-2023 Thana- TATARPUR District- Bhagalpur ====================================================== Anshu Kumar S/O Subodh Mahto Resident Of Chandika Asthan, P.S.-Basudeopur, District-Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in a case registered for the offence under Sections 366(A) of the Indian Penal Code and Section 8 of the POCSO Act.

3. Petitioner and other co-accused persons is alleged to have kidnapped the minor daughter of the informant 4.

Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case and informant is not an eye witness to the alleged occurrence and petitioner is in custody since 02.03.2024. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner.

Patna High Court CR. MISC. No. 38256 of 2024(2) dt.23-05-2024 2/2 6.

On perusal of first information report and impugned order dated 23.04.2024, it appears that during course of investigation, the victim was recovered and her statement was recorded under Section 164 of the Cr.P.C. wherein she has stated that on 19.08.2023, she went to Kolkatta and solemnized marriage with the petitioner in a temple and both went to Bengalore and began to live together, so considering all aspects of the matter, let the above named petitioner be directed to be released on bail in connection with Tatarpur (University O.P.) P.S. Case No. 202 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (POCSO)- cum-7th Additional District & Sessions Judge, Bhagalpur. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T