Prince Raj @ Baiju Kumar @ Baiju Yadav @ Aniket Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68697 of 2024 Arising Out of PS. Case No.-246 Year-2024 Thana- FATUA District- Patna ====================================================== Prince Raj @ Baiju Kumar @ Baiju Yadav @ Aniket Kumar Son of Late Binay Yadav @ Late Bhushan Kumar @ Late Vinay Kumar Resident of Railway Colony, Mirjapur Nohta, Police Station - Fatuha, District - Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sanjay Kumar Son of Late Rameshwar Prasad Resident of Village - Raipura, P.O and Police Station - Fatuha, District - Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Singh For the Opposite Party/s :

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-10-2024 Heard the learned counsel for the parties.

2. The petitioner seeks regular bail in connection with Fathua P.S. Case No. 246 of 2024 registered for the offence under Sections 363, 366A, 120B, 34 of the Indian Penal Code. Later on section 376 of the Indian Penal Code was added and section 4/8 of the POCSO Act.

3. As per the prosecution case, the victim eloped and got married with Baiju Yadav (petitioner) as per the statement of the victim who has instigated the Baiju Yadav for marriage.

4. Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence. Petitioner is in custody since 03.05.2024. Petitioner has seven

Patna High Court CR. MISC. No.68697 of 2024(2) dt.05-10-2024 2/2 criminal antecedents and in all cases petitioner is on bail. As per medical board report victim is major girl. Similarly situated coaccused has already been granted bail vide order dated 03.07.2024 passed in Cr. Misc. No. 45969 of 2024.

5. Learned A.P.P. and learned counsel for the informant have vehemently opposed the prayer for bail and submits that this is not a fit case for grant of bail as petitioner has antecedent.

6. Considering the facts and circumstances of the case and also considering that the present case is a case of elopement, this application for regular bail is allowed.

7. Let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge-cumSpecial Judge, POCSO Ac, Patna in connection with POCSO Case No. 196 of 2024, arising out of Fatuha P.S. Case No. 246 of 2024.

(Sandeep Kumar, J) Ranjeet/- U T