Abhay Kumar @ Abhay Kumar Verma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62754 of 2024 Arising Out of PS. Case No.-215 Year-2021 Thana- BARUN District- Aurangabad ====================================================== Abhay Kumar @ Abhay Kumar Verma S/o Late Sukhdeo Mahto @ Dalpati Resident of Village - Aat, PO- Manika, PS- Madanpur District- Aurangabad, Bihar ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Vimlesh Mehta S/o Sri Dwarika Mehta R/o vill - Silaunja, P.o - Siris, P.S. - Barun, Distt. - Aurangabad (Bihar) ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uma Kant Mishra, Advocate For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-10-2024 Heard learned counsel for the petitioner, the State as also the informant.
2. The petitioner is in custody in connection with Barun P.S. Case No. 215 of 2021 for the offence punishable under section 366(A) of the Indian Penal Code lodged on 01.08.2021 by the informant, Vimlesh Mahto.
3. As per the prosecution story, the informant alleged that his daughter studying in B.A. part-I used to visit the coaching center but disappeared on one fateful day. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that the girl was major, went on her own and he has no role to play in
Patna High Court CR. MISC. No.62754 of 2024(3) dt.30-10-2024 2/3 the matter. Further, it is an admitted fact that both got married and now blessed with a female child.
5. Learned counsel for the informant has appeared and has accepted the fact that the girl had married the petitioner and are blessed with the child.
6. This Court has perused the statement made by the victim girl under Section 164 of the Cr.P.C. and according to her, she went along with this petitioner on her own.
7. Taking into account the aforesaid facts including his period of custody 16.06.2024 (paragraph-1 of the petition) coupled with the fact that he do not have criminal antecedent, this Court is inclined to extend him the privilege of bail with conditions.
8. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum-Special Exclusive Judge (POCSO) Civil Court, Aurangabad, in connection with Barun P.S. Case No. 215 of 2021 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
Patna High Court CR. MISC. No.62754 of 2024(3) dt.30-10-2024 3/3 (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T