Bhushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57675 of 2023 Arising Out of PS. Case No.-675 Year-2022 Thana- GHORASAHAN District- East Champaran ====================================================== Bhushan Kumar Son Of Vishwanath Bhagat Resident Of Village -Athmuhan, P.S.- Jharokhar, District- East Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Ghorasahan (Jharokhar) P.S. Case No. 675 of 2022 registered for the offence punishable under Sections 363, 366A of the Indian Penal Code and Section 8 of the POCSO Act.

3. As per the prosecution case, the allegation against the petitioner is of kidnapping the daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and on the basis of suspicion his name has been implicated in this case. There is no allegation of any sexual relation with the victim girl. The informant's daughter was in love with the petitioner and she

Patna High Court CR. MISC. No.57675 of 2023(2) dt.13-09-2023 2/2 wanted to solemnize her marriage with the petitioner but on account of feud between the families this false case has been lodged against the petitioner. Petitioner has no criminal antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of his arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 6th Additional Sessions Judge-cum-Special Judge, POCSO Act, Motihari, East Champaran in connection with Ghorasahan (Jharokhar) P.S. Case No. 675 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) saurabhkr/- U T