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Patna High CourtCR. MISC./64998/2023bail granted

Suresh Singh @ Chandragupt Singh v. The State Of Bihar

2023-10-16Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64998 of 2023 Arising Out of PS. Case No.-188 Year-2022 Thana- BARHARIA District- Siwan ====================================================== Suresh Singh @ Chandragupt Singh Son of Shivsankar Singh Resident of Village - Badarzami, P.S.- Barharia, Dist.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Ms.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 363, 366(A) of the Indian Penal Code and sections 3(i)(r)(s), 3(2)(v) (a) of the SC/ST Act and section 8/17 of the POCSO Act.

3. As per the prosecution case, one Alok Kumar kidnapped the minor daughter of informant and when the informant went to the house of co-accused Alok Kumar, this petitioner who is father of Alok Kumar abused and threatened him.

4. It is submitted by the counsel for petitioner that the victim girl in her statement under Section 164 Cr.P.C has denied the factum of her kidnapping and has clearly stated that she

Patna High Court CR. MISC. No.64998 of 2023(2) dt.16-10-2023 2/2 voluntarily left her house and went to Delhi and solemnized marriage with co-accused Alok Kumar. Petitioner has been made accused in this case simply because he is father of coaccused Alok Kumar. Petitioner claims clean antecedent.

5. In view of statement of victim girl under Section 164 Cr.P.C, the petitioner above-named in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge VI, Siwan in connection with Barhariya P.S. Case No. 188 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T