Anthoni Swarnkar @ Amarjit Anthoni Swarnkar @ Amardip Kumar @ Anthoni Soni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41700 of 2024 Arising Out of PS. Case No.-402 Year-2023 Thana- SIMRI BAKHTIYARPUR DistrictSaharsa ====================================================== Anthoni Swarnkar @ Amarjit Anthoni Swarnkar @ Amardip Kumar @ Anthoni Soni Son Of Amrendra Kumar Sah @ Amrendra Swarnkar Resident Of Village - Sultanganj, P.S. - Sultanganj, District - Bhagalpur At Present Resident Of Balwahat Ward No.8, P.S. - Simri Baktiyarpur, District - Saharsa ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Rajesh Sah Son Of Mahendra Sah Resident Of Village - Balwahat, Ward No.8, P.S. - Bakhtiyarpur, District - Saharsa ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Murari Mishra, Advocate For the Opposite Party/s :
Mr. Nawal Kishore Prasad, A.P.P.
Mr. Dinkar Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-08-2024 Heard learned counsel for the parties.
2. Petitioner seeks regular bail in connection with Special POCSO Case No. 57 of 2023 arising out of Bakhtiyarpur P. S. Case No. 402 of 2023 in a case registered for the offences punishable under Sections 363, 366(A) of the Indian Penal Code and Sections 8 and 12 of the Protection of Children from Sexual Offences Act.
3. As per the prosecution case, this petitioner along with other accused persons kidnapped minor daughter of informant for the purpose of marriage.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.41700 of 2024(2) dt.23-08-2024 2/2 victim in her statement recorded under Section 164 Cr.P.C. has denied the prosecution case and has categorically stated that no one has kidnapped her and out of her own sweet will, she went with the petitioner to visit Varanasi. Petitioner is in custody since 16.07.2023. Charge-sheet has already been submitted. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State and learned counsel for the O.P. No. 2 vehemently opposed the bail application.
6. Considering the statement of the victim recorded under Section 164 Cr.P.C. and period of custody, the bail application is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge POCSO, Saharsa in connection with Bakhtiyarpur P. S. Case No. 402 of 2023 corresponding to Special POCSO Case No. 57 of 2023.
(Prabhat Kumar Singh, J) Navya/- U T