Abhishek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43074 of 2024 Arising Out of PS. Case No.-51 Year-2024 Thana- GHORASAHAN District- East Champaran ====================================================== ABHISHEK KUMAR SON OF PANKAJ KUMAR VILLAGE- DHAKA BANKTWA P.S.- JITANA, DISTT.- EAST CHAMPARAN ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
SHIVPUJAN YADAV SON OF RAMCHARITRA RAI VILLAGEBANKATWA, P.S.- JITNA DIST.- EAST CHAMPARAN ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Dhannjay Kumar, Advocate For the State :
Mr. Pramod Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-08-2024 Heard Mr. Dhannjay Kumar, learned counsel appearing on behalf of petitioner and Mr. Pramod Kr. Pandey, learned APP appearing for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 363, 366A and 34 of the Indian Penal Code and Section 8 of the POCSO Act.
3. As per prosecution case, this petitioner, along with other F.I.R. named accused persons, kidnapped the daughter of informant.
4. It is submitted by learned counsel appearing on behalf of the petitioner that as a matter of fact, the victim girl
Patna High Court CR. MISC. No.43074 of 2024(3) dt.27-08-2024 2/3 was in love with this petitioner and both of them have solemnized marriage. It is further submitted that victim in her statement recorded under Section 164 of the Cr.P.C. has denied the prosecution case and categorically stated that she was in love with this petitioner and both of them fled away to Nepal and solemnized marriage in a temple. Moreover, the victim has stated her age as 20 years. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioner and submitted that petitioner is named in the F.I.R. and there is specific allegation against him that he kidnapped daughter of informant.
6. Considering the aforesaid facts and circumstances, statement of the victim recorded under Section 164 of the Cr.P.C. and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari, East Champaran, in connection with Ghorasahan (Jitna) P.S. Case No. 51 of 2024, subject to condition as laid down under Section 438(2) of the
Patna High Court CR. MISC. No.43074 of 2024(3) dt.27-08-2024 3/3 Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashank/- U T