Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39950 of 2025 Arising Out of PS. Case No.-83 Year-2025 Thana- SIMRI BAKHTIYARPUR DistrictSaharsa ====================================================== Pankaj Kumar son of Dhuran Sharma Residents of Village-Bhatauni, Ward No.8, P.S.-Bakhtiyarpur, District-Saharsa.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Radhey Shyam Sah Son of Khushi Lal Sah Residents of Village-Bhatauni, Ward No.8, P.S.-Bakhtiyarpur, District-Saharsa. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra, Adv.

Mr. Anil Kumar Sinha, Adv.

Ms. Isha Mishra, Adv.

For the Opposite Party/s :

Mr.Uday Chand Prasad, APP For the informant :

Mr. Anant Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in Simri Bakhtiyarpur P.S. Case No. 83 of 2025 registered under Sections-96, 13&(2), 3(5) of B.N.S., 2023 and Sections-8 & 12 of the POCSO Act.

3. Allegedly, the informant's minor daughter went to market for purchasing study materials but she did not return. On query, it was detected that the petitioner alongwith other accused persons enticed away the minor daughter of the informant.

4. It has been submitted on behalf of the petitioner that the

Patna High Court CR. MISC. No.39950 of 2025(6) dt.27-11-2025 2/2 victim in her statement recorded under Section 180 of BNSS has stated categorically that her parents were arranging for her marriage which was not acceptable for her and that is why, she left house with her own sweet will. It has further been submitted that in pressure of her parents, she retracted from her earlier version and supported the prosecution case in her statement recorded under Section 183 of BNSS.

5. Learned APP has opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of four weeks, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VIcum-Special Judge (POCSO), Saharsa in connection with Simri Bakhtiyarpur P.S. Case No. 83 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of BNSS, 2023.

(Nawneet Kumar Pandey, J) A.K.V.//- U T