Rishi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43981 of 2022 Arising Out of PS. Case No.-29 Year-2019 Thana- KEWATI District- Darbhanga ====================================================== Rishi Kumar Son Of Ram Babu Yadav Resident Of Village - Megha, P.S.- Keoti, Distt.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 363, 366(A)/34 of the Indian Penal Code and Section 8 of the Protection of Children From Sexual Offences Act.

The prosecution case in nutshell is that daughter of the informant, namely, Nandini Kumari, went to purchase grocery items from the shop but did not return. It is alleged that petitioner and co-accused persons abducted the daughter of informant with

Patna High Court CR. MISC. No.43981 of 2022(2) dt.12-12-2022 2/3 intention to sell or perform immoral act.

It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case. From the perusal of the impugned order, it appears that, the victim in her statement under section 161 of Cr.P.C. and under Section 164 of Cr.P.C. has stated that she of her own sweet-will left her house and went along with petitioner and she had solemnized marriage with him. She has not alleged any complicity of the petitioners in her elopement. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (POCSO

Patna High Court CR. MISC. No.43981 of 2022(2) dt.12-12-2022 3/3 Darbhanga) in connection with Keoti P.S. Case No. 29 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) nirajkrs/- U T