Tipul Kumar @ Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37402 of 2020 Arising Out of PS. Case No.-36 Year-2020 Thana- TARIYANI CHAPRA PS DistrictSheohar ====================================================== TIPUL KUMAR @ VIKASH KUMAR S/o Ramekbal Baitha @ Budhu Dhobi R/o village- Tariyani Chhapra, P.S.- Tariyani Chhapra, DistrictSheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Devendra Kumar, Advocate.

For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the appellant undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Section 363, 366A and 506/34 of the Indian Penal Code and Section 4 of the POCSO Act. The daughter of the informant is said to have been kidnapped by the petitioner in association of his three brothers and five unknown persons for the purpose of marriage. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite

Patna High Court CR. MISC. No.37402 of 2020(2) dt.02-02-2021 2/2 innocent and has been falsely implicated in this case. As a matter of fact, the statement of the victim girl has been recorded under Section 164 Cr.P.C. in which she has stated that she herself gone with Vikash Kumar and solemnized marriage in the temple on 09.07.2020 due to torture of her parents and she has also stated that nobody has kidnapped her. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent and has been languishing in custody since 16.07.2020. Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned 1stAdditional Sessions Judge-cum-Special Judge SC/ST and POCSO Act, Sheohar in connection with Tariyani Chapra P.S. Case No.36 of 2020.

(Anjani Kumar Sharan, J) Trivedi/- U T