Kaushal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45589 of 2024 Arising Out of PS. Case No.-267 Year-2023 Thana- PAKARIBARAW District- Nawada ====================================================== Kaushal Kumar S/O Mahendra Yadav R/O Village-Dhorha, P.S.-Dhamaul, Distt-Nawada ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Reema Devi Wife of Santosh Kumar Resident of Village- Dhorah, P.SDhamaul, Dist- Nawada. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Birendra Kumar, Advocate For the Opposite Party/s :
Mr. Rajendra Prasad Nat, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 363, 366(A) of Indian Penal Code and Section 12 of the Protection of Children from Sexual Offences Act.
3. It is alleged this petitioner kidnapped daughter of informant for the purpose of marriage.
4. Learned counsel for the petitioner submits that victim in her statement, recorded under Section 164 of Cr.P.C., has denied the prosecution case and has categorically stated that she went with the petitioner on her own sweet will and has
Patna High Court CR. MISC. No.45589 of 2024(2) dt.30-07-2024 2/2 solemnized marriage with this petitioner. As per admit card of the victim, she was 17 years 10 months at the time of the occurrence.
5. Considering the statement of victim recorded under Section 164 of Cr.P.C., this anticipatory bail is allowed and it is ordered that the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, 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 Additional District & Sessions Judge-VI-cum-Special Judge (POCSO Act), Nawada in connection with Pakribarawan (Dhamaul) P. S. Case No. 267 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T