Mithun Kumar @ Mithun Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37646 of 2020 Arising Out of PS. Case No.-863 Year-2019 Thana- BARAHAT District- Banka ====================================================== MITHUN KUMAR @ MITHUN SAH SON OF JAIRAM SAH RESIDENT OF VILLAGE - PUNSIYA BASTI, (RAI TOLA) , P.S. - BARAHAT, DISTRICT - BANKA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-07-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 366(A) of the Indian Penal Code and 8 of POCSO Act.

Allegedly, the petitioner enticed away the informant's daughter for the purpose of marriage.

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. During investigation, the victim has been recovered and her statement under Section 164 Cr.P.C. has been recorded in which, she has stated that she had love affair with the petitioner and she left house with her

Patna High Court CR. MISC. No.37646 of 2020(2) dt.22-07-2021 2/2 own sweet will. The victim 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 and also the lockdown, 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 his personal bond to the satisfaction of learned Additional Sessions Judge-I-cum-Special Judge (POCSO), Banka in connection with Banka (Barahat) P.S. Case No. 863 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T