Sonu Kumar @ Kuber Nath Ambedkar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52177 of 2022 Arising Out of PS. Case No.-142 Year-2022 Thana- PIPRA District- East Champaran ====================================================== SONU KUMAR @ KUBER NATH AMBEDKAR SON OF PARAS NATH RAM R/O VILLAGE - KUWARPUR, P.S.- PIPRA, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prateek Tandon, Adv.
For the Opposite Party/s :
Mr.Anil Prasad Singh, APP For the informant : Mr.Vinay Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-01-2023 Heard Mr. Prateek Tandon, learned counsel for the petitioner, Mr. Anil Prasad Singh, learned APP for the State as also Mr. Vinay Kumar, learned counsel for the informant. The petitioner apprehends his arrest in connection with Pipra P.S. Case No. 142 of 2022 instituted under Sections 366(A)/34 of the Indian Penal Code and Section 8 of POCSO Act.
As per the prosecution story, the allegation is that the petitioner and his father took the minor daughter of the informant for the purpose of marriage and when they went to his house, they were abused and assaulted. Accordingly, the FIR was lodged.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.52177 of 2022(2) dt.12-01-2023 2/3 boy is 18 years of age and as per his information, the age of the girl has also been ascertained to be around 18 years and in that backdrop, it would be inappropriate to send him behind the bars.
Learned counsel for the informant on the other hand submits that it is a clear case in which a minor has been taken away by the accused persons and thus, so far as the anticipatory bail is concerned, he does not deserve the same. Having gone through the rival submissions, it is unfortunate that here is a case where the petitioner is of 18 years while allegation is of taking away a minor girl which according to the learned counsel for the informant is aged 15 years. This is the age when they have to concentrate on their career.
However, in view of the fact that as per the FIR, she is a minor and there is nothing on record to show otherwise, this Court is unable to extend relief to the petitioner and petition stands rejected.
If the petitioner surrenders before the learned Court within four weeks from today, the learned Court shall take into account all the documents that is/are put forward by the petitioners side and also would ascertain the age of the victim
Patna High Court CR. MISC. No.52177 of 2022(2) dt.12-01-2023 3/3 girl (as claimed by the learned counsel for the petitioner) and decide the case/dispose of the bail petition on the same day, taking into account the fact that the petitioner is only 18 years of age.
(Rajiv Roy, J) Ravi/Ajay Singh/- U T