Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62647 of 2021 Arising Out of PS. Case No.-71 Year-2018 Thana- BELSAND District- Sitamarhi ====================================================== Chandan Kumar S/O Ashok Thakur @ Ashok Resident Of Village-Pachnaur, P.S.-Belsand, District-Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-10-2022 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 12 of the Protection of Children From Sexual Offences Act.

It is alleged that minor girl of the informant has been abducted by all the F.I.R named accused persons including the petitioner.

It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in

Patna High Court CR. MISC. No.62647 of 2021(3) dt.18-10-2022 2/3 this case. The victim in her 164 Cr.P.C statement has recorded her age as 20 years and stated that she of her own sweet-will left her house and went along with coaccused Jalendra Kumar and solemnized marriage with him. She has not alleged any complicity of the petitioner in her elopement. Moreover, the police after investigation did not find the case true as against the petitioner and submitted final form but differing with the final form, learned Magistrate took cognizance against the petitioner. 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 Additional District & Sessions Judge-VI-cum-Special Judge, POCSO, Sitamarhi in

Patna High Court CR. MISC. No.62647 of 2021(3) dt.18-10-2022 3/3 connection with Belsand P.S. Case No. 71 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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