Aniket Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61433 of 2024 Arising Out of PS. Case No.-63 Year-2024 Thana- CHANDI District- Bhojpur ====================================================== Aniket Kumar Son of Guddu Singh @ Deepak Kumar Ravi Resident of Village - Chandi, P.S. - Chandi, District - Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Mohan Roy, Adv For the Opposite Party/s :
Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Chandi P.S. Case No. 63 of 2024 dated 24.05.2024 registered for the offences punishable u/s 498A of the Indian Penal Code and 3⁄4 of the D.P. Act and Section 6 of the POCSO Act.
3. As per the prosecution case, the informant and the petitioner were known to each other from high school. The petitioner came to meet the informant and took some objectionable pictures of the informant due to which she quarreled and stopped meeting for a few month. One day, the petitioner called the informant to meet and threatened if she did
Patna High Court CR. MISC. No.61433 of 2024(2) dt.10-09-2024 2/3 not meet him then he would make the said photos viral to her father and social media. It is further alleged that the petitioner forcefully married the informant and threatened her to kill. After marriage the petitioner and his family members started demanding Rs. 25 lacs and a piece of land from the informant's father. On being opposed by the informant, the petitioner and his family members started assaulting the informant and sprinkled kerosene oil with intent to kill her but somehow she managed to save herself.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner never demanded Rs.25 lacs as dowry or misbehaved with the informant. There is general and omnibus allegation against the petitioner. As per the statement of the victim recorded u/s 161 Cr.P.C., the victim said that she established physical relationship with the petitioner before marriage with her own will. It is further submitted that no case u/s 498A of the I.P.C., and D.P. Act as well as POCSO Act is made out against the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.06.2024.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.61433 of 2024(2) dt.10-09-2024 3/3 opposed the bail petition of the petitioner by submitting that the victim is a minor girl.
6. Considering the aforesaid facts and circumstances of the case and the nature of allegation levelled against the petitioner as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhojpur at Ara in connection with Chandi P.S. Case No. 63 of 2024, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Jyoti/- U T