Patna High CourtCR. MISC./45091/2024bail granted

Vikesh Kumar @ Vikesh Mukhiya v. The State Of Bihar

2024-07-24Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45091 of 2024 Arising Out of PS. Case No.-336 Year-2022 Thana- ADAPUR District- East Champaran ====================================================== Vikesh Kumar @ Vikesh Mukhiya Son of Shivlal Mukhiya Resident of village - Ghorasahan, P.S.- Harpur, District - East Champaran, Motihari. ... ... Petitioner/s

Versus

The State of Bihar 2.

Gokhul Thakur Son of Late Subdar Thakur Resident of village - Ghorasahan, P.S.- Harpur, District - East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-07-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Adapur (Harpur) Police Station Case No. 336 of 2022, disclosing offences under Sections 363, 366(A), 34 of the Indian Penal Code and Sections 6, 8 of the POCSO Act.

3. As per the First Information Report, the petitioner along with other co-accused persons kidnapped the minor daughter of the informant aged about sixteen years, for the purpose of selling.

4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case on frivolous story. The daughter of the informant was having love relationship with the petitioner and the victim, in her statement recorded under Section 161 and

Patna High Court CR. MISC. No.45091 of 2024(2) dt.24-07-2024 2/2 164 Cr.P.C., has categorically stated that she had solemnized marriage in a temple with the petitioner.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the statement of the victim recorded under Sections 161 and 164 Cr.P.C., I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge-cum-Special Judge POCSO Act, East Champaran, Motihari, Bihar, in connection with Adapur (Harpur) Police Station Case No. 336 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) HarshPandey/- U