Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57276 of 2023 Arising Out of PS. Case No.-273 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== RAJU KUMAR SON OF RAMU RAM RESIDENT OF VILLAGEHARBOLWA, PS- CHIRAIYA, DIST- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate Ms. Rashmi Jha, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehend arrest in a case registered for the offences punishable under Sections 365, 366(A)/34 of Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act.

3. It is alleged that this petitioner along with other accused persons kidnapped the minor daughter of the informant for the purpose of marriage.

4. Learned counsel appearing for the petitioner submits that victim in her statement, recorded under Section 164 of the Cr.P.C., has denied the prosecution case and has categorically stated that she left her house without informing anyone and called this petitioner and, thereafter, solemnized

Patna High Court CR. MISC. No.57276 of 2023(2) dt.31-08-2023 2/2 marriage with him in a temple. Age of the victim has been assessed as 17 1⁄2 -18 1⁄2 years. Petitioner has got clean antecedent.

5. Considering the statement of the victim recorded under Section 164 Cr.P.C., this anticipatory bail is allowed and it is ordered that the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, 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 6th Additional Sessions Judgecum-Special Judge, POCSO Act, East Champaran, Motihari in connection with Chiraiya P. S. Case No. 273 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T