Ankit Kumar @ Ankit Kumar Singh @ Dipak Kumar @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63842 of 2023 Arising Out of PS. Case No.-167 Year-2023 Thana- MADANPUR District- Aurangabad ====================================================== ANKIT KUMAR @ ANKIT KUMAR SINGH @ DIPAK KUMAR @ DEEPAK KUMAR son of Prasidh Singh Village- Teldiha Aurangabad Bihar Ps- Madanpur Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashwani Kumar :

Mr. Anubhav Pandey :

Mr.Madhav Kumar For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 366A, 376, 315, 323, 354, 504, 506, and 34 of the Indian Penal Code and Sections 4, 6 of the POCSO Act.

3. As per FIR, the informant alleged that the petitioner abducted her minor daughter for the purpose of marriage.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.63842 of 2023(4) dt.23-01-2024 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. The victim in her statement recorded under Section 164 of the Cr.P.C., which is annexed with Case Diary, wherein she had stated that the petitioner committed rape upon her but as per S1 series of the Supplementary Affidavit, the victim, her father and mother/informant turned hostile and the victim stated that she and the petitioner are husband, wife and due to suspicion this case has been lodged. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 21.06.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Madanpur P.S. Case No. 167 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.63842 of 2023(4) dt.23-01-2024 3/3 satisfaction of learned ADJ-VI-cum Special Judge POCSO Act, Aurangabad.

(Sunil Kumar Panwar, J) manishkumar/- U T