Sohan Singh @ Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63119 of 2024 Arising Out of PS. Case No.-391 Year-2024 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Sohan Singh @ Sonu Kumar S/O Nanda Singh R/O Village- Marichaw, P.SBhabua, Distt.- Kaimur at Bhabua. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dharmendra Singh, Advocate For the Opposite Party/s :
Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-11-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 366A of the Indian Penal Code.
3. As per allegation in the FIR, it is a case of abduction of the niece of the informant by the accused persons.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to village politics. He next submits that the petitioner and the victim both have love affair and wants to live along with as husband and wife as stated in para-8 of the petition.
5. Learned APP for the State opposes the prayer for anticipatory bail of the petitioner.
6. On perusal of the first information report, case
Patna High Court CR. MISC. No.63119 of 2024(3) dt.20-11-2024 2/2 diary, statement of the victim girl and impugned order dated 19.07.2024, it appears that the statement recorded of the victim under Sections 161 and 164 of the Cr.P.C. wherein the victim is not stated regarding any kidnapping or abduction or any sexual assault or sexual relation against the present petitioner. She has further stated that she voluntarily went with the petitioner in her own sweet-will and her age is about 20 years but the learned trial Court has assessed her age about 16 years, so considering all aspects of the material, I am inclined to grant anticipatory bail to the petitioner.
7. Let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the Court below within a period of six weeks from today on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bhabua, Kaimur in connection with Bhabua P.S. Case No. 391 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Ramesh Chand Malviya, J) Brajesh Kumar/- U T