Pawan Bhar @ Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58210 of 2024 Arising Out of PS. Case No.-106 Year-2024 Thana- ITARHI District- Buxar ====================================================== Pawan Bhar @ Pawan Kumar S/O Sugriv Bhar @ Sugriv Rajbhar R/O Vishunpura, P.S- Itarhi, Distt.- Buxar.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Jitendra Kumar S/O Jokhan Ram R/O Vishunpura, P.S- Itarhi, Distt.- Buxar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajit Kumar For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 363, 365 of the Indian Penal Code and Section 8 of the POCSO Act.

3. As per the prosecution case, this petitioner kidnapped the minor daughter of the informant for the purpose of marriage.

4. Learned counsel for the petitioner submits that the victim, in her statement recorded under Section 164 Cr.P.C., has denied the prosecution case and has specifically stated that she left the house out of her own sweet will and petitioner has not kidnapped her. The age of the victim is 17 years. Petitioner claims clean antecedent.

Patna High Court CR. MISC. No.58210 of 2024(2) dt.18-09-2024 2/2

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

6. Considering the statement of the victim recorded under Section 164 Cr.P.C., the prayer for anticipatory bail of petitioner is allowed.

7. Accordingly, in the event of arrest/surrender before the Court below within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. - VI-cumSpecial Judge (POCSO Act), Buxar in connection with Itarhi P.S. Case No. 106 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T