Vicky Ram @ Vikky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48606 of 2022 Arising Out of PS. Case No.-425 Year-2019 Thana- JOGAPATTI District- West Champaran ====================================================== VICKY RAM @ VIKKY KUMAR SON OF RAMJI RAM R/O VILLAGECHAMAINIA BAZAR, P.S.- YOGAPATTI, DISTRICT- WEST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anant Kumar Mishra For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-01-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in a case registered for the offences punishable u/s 363, 366(A), 504 read with 34 of the Indian Penal Code and 8 of the POCSO Act. As per the prosecution case, the petitioner and the coaccused persons kidnapped the minor daughter of the informant for the purpose of marriage.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Learned

Patna High Court CR. MISC. No.48606 of 2022(3) dt.17-01-2023 2/3 counsel further submitted that as per medical board, the age of victim is in between 18 to 19 years and the victim was a major at the time of occurrence and no case under Section 366A is made out against the petitioner. Learned Counsel has further submitted that the ingredients of section 366A are not fulfilled in this case as there is no allegation of forcing or seducing the victim to have illicit intercourse with another person. Learned Counsel has relied on the judgement of the Hon'ble Supreme Court in the case of Sat Prakash vs. State of Haryana Cr. App. No.

1163 of 2011 in which it has been held that "A perusal of the aforesaid section reveals, that the inducing of the minor to constitute an offence under Section 366A, should have been with reference to an intent to force or seduce her "... to illicit intercourse with another person..." Learned Counsel has submitted that the victim has married the petitioner and she is living with him. The petitioner is also accused in one more criminal case as stated in para 3 of the bail petition. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, as well as the material available on record, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on

Patna High Court CR. MISC. No.48606 of 2022(3) dt.17-01-2023 3/3 anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, West Champaran in connection with Jogapatti P.S. Case No. 425 of 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This application stands allowed.

(Chandra Prakash Singh, J) niku/- U T