Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39799 of 2024 Arising Out of PS. Case No.-601 Year-2023 Thana- MADHUBAN District- East Champaran ====================================================== Sandeep Kumar S/o Brij Nandan Prasad @ Vrija Nandan Bhagat R/o VillageSawangia, P.S.-Madhuban, district-East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sanjay Prasad S/o Late Umashankar R/o Vill- Sawangia, Ward No.-03, P.S. Madhuban, Dist.- East Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate Mr. Hemant Ray, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-09-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Madhuban P.S. Case No. 601 of 2023, instituted under Sections 354(A), 354(C), 354(D), 504, 506 of the Indian Penal Code, Sections 66(E), 67 of the I.T. Act and Section 8 of the POCSO Act.

3. As per the prosecution case, the minor daughter of the informant trapped in love by the petitioner who took her photos and pressurized her for illegal activities. When the informant met with the petitioner, he threatened him to kidnap the victim and also to upload the victim's photos on Facebook.

Patna High Court CR. MISC. No.39799 of 2024(3) dt.18-09-2024 2/3

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to oblique and ulterior motives. Informant's daughter was in love with the petitioner and wanted to solemnize marriage with him. Petitioner has neither prepared photographs nor uploaded the same on Facebook as alleged. Petitioner has one criminal antecedent in which he is on bail. All the disputes between the parties have been amicably settled and both the parties have entered into compromise. Compromise petition has been filed before the learned Trial Court. Petitioner undertakes to co-operate in the investigation and trial.

5. Learned A.P.P. for the State and learned counsel for the informant oppose the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge-cum-Special Judge, POCSO Act, East Champaran, Motihari in connection with Madhuban P.S. Case No. 601 of 2023, subject to the conditions laid down in Section

Patna High Court CR. MISC. No.39799 of 2024(3) dt.18-09-2024 3/3 438 (2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) rakhi/- U T