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Patna High CourtCR. MISC./63363/2023allowed

Aakash Kumar @ Aakash Kumar Chaurasiya v. The State Of Bihar

2023-12-19Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63363 of 2023 Arising Out of PS. Case No.-4 Year-2023 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== Aakash Kumar @ Aakash Kumar Chaurasiya Son Of Devanand Chaurasiya Village- Jethui Barai Tola Ward No-2, Ps- Industrial Area Dist- Vaishali At Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Yadav For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-12-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 363, 366(A) of the Indian Penal Code and Section 8/17 of the POCSO Act.

3. Petitioner is said to have kidnapped the minor daughter of the informant for the purpose of marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the victim has returned her house on 16.02.2023 after solemnizing her marriage with the petitioner in a Temple at Delhi. He submits that the victim in her statement recorded under Section 161 of the Cr.P.C. has not supported the

Patna High Court CR. MISC. No.63363 of 2023(3) dt.19-12-2023 2/2 prosecution case. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case and the fact that the victim has solemnized her marriage with the petitioner, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Industrial Area P.S. Case No. 04 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T