Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45282 of 2024 Arising Out of PS. Case No.-691 Year-2023 Thana- SURSAND District- Sitamarhi ====================================================== 1.

Niraj Kumar, aged about 20 years, Male, son of Subodh Ram, 2.

Rajan Kumar, aged about 20 yers, male, son of Surendra Paswan, 3.

Abhinandan Kumar, aged about 21 years, male, son of Amarnath Paswan, All R/o Village- Simiyahi, PS- Sursand, Distt.- Sitamardhi ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Md. Ijharey Alam, S/o Late Parid Ansari, R/o village- Simiyahi, P.S. - Sursand, Distt. - Sitamardhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deovind Kumar Singh, Advocate For the Opposite Party/s :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 21-09-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners apprehend arrest in connection with Sursand PS Case No.691 of 2023 dated 07.12.2023, instituted under Sections 363, 365, 366-A, 370, 372/34 of the Indian Penal Code and Section 8 of the Prevention of Children from Sexual Offences Act.

3. The allegation against the petitioners and others is of kidnapping the minor daughter of the informant aged about 15 years when she had gone to attend nature's call.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in

Patna High Court CR. MISC. No.45282 of 2024(3) dt.21-09-2024 2/3 this case. Further submission is that the FIR has been lodged after five days of the occurrence without any plausible explanation for the delay. It is further submitted that the victim was examined under Section 164 Cr.P.C. in which she has only stated that the accused persons (petitioners) took her to Delhi and thereafter they left her and then on 05.12.2023, she returned to Sitamarhi by train. There is no allegation of any sexual assault and thus, Section 8 of the Prevention of Children from Sexual Offences Act will not attract. It is also submitted that the matter has been compromised between the parties and a compromise petition has already been filed in the Court below. Lastly, it is submitted that the petitioners have no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge- VI cum Special Judge, POCSO, Sitamarhi, in Sursand PS Case No.691 of 2023,

Patna High Court CR. MISC. No.45282 of 2024(3) dt.21-09-2024 3/3 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T