Rohit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46963 of 2021 Arising Out of PS. Case No.-79 Year-2021 Thana- BAHADURPUR District- Darbhanga ====================================================== ROHIT KUMAR son of Ashok Paswan Resident of Village - Mahra Bisanpur Tole, P.S.- Singhia, District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-03-2022 Heard learned counsel for the petitioner and learned APP for the State.
Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.
The petitioner is apprehending his arrest in Bahadurpur P.S. Case No. 79 of 2021 registered under Sections-363 & 366A of the Indian Penal Code and Section-4 of POCSO Act. Allegation against the petitioner is of seducing and enticing the victim. Further allegation is that he (the petitioner) drove the victim with him.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The
Patna High Court CR. MISC. No.46963 of 2021(2) dt.31-03-2022 2/2 petitioner has been falsely implicated in the present case. The victim has been recovered and her statement under Section 164 of the Cr.P.C. was recorded. In her statement recorded under Section-164 of the Cr.P.C. the victim stated that she had left house out of her own sweet will. It has further been stated that she has solemnized marriage with the petitioner. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount to the satisfaction of learned Special Judge, POCSO, Darbhanga in connection with Bahadurpur P.S. Case No. 79 of 2021 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T