Aryan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19860 of 2018 Arising Out of PS.Case No. -896 Year- 2017 Thana -SAHARSA District- SAHARSA ======================================================
1. Aryan Kumar, Son of Kartik Yadav, Resident of Village-Kanp (Golma), Police Station-Sourbazar District-Saharsa.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satish Kumar Singh For the Opposite Party/s : Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-05-2018 Heard the parties.
The petitioner is apprehending his arrest in connection with POCSO Case No.29 of 2017 corresponding to Saharsa Sadar P.S.Caze No.896 of 2017 registered for offences punishable under Sections 366A/34 of the Indian Penal Code and Section 8 of POCSO Act.
Allegation against the petitioner is of kidnapping the minor girl of the informant.
Submission of the learned counsel for the petitioner is that he has been made accused only on the basis of suspicion and as a matter of fact she was recovered who had fled away along with one Nakul and he had brought her to Saharsa where her statement was recovered and in order to make the case true, she has deposed
Patna High Court Cr.Misc. No.19860 of 2018 (2) dt.08-05-2018 2/2 against him in her statement under Section 164 Cr.P.C. Heard learned A.P.P. also.
Having heard both sides and in view of the fact that the petitioner is not named in the FIR by the victim girl in her statement under Section 164 Cr.P.C. and also he was one of the person who has taken away her. In such view of the matter, I am not inclined to grant anticipatory bail tot the petitioner rather let the petitioner surrender before the learned court below and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court.
With the aforesaid direction, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U T