Sandeep Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66399 of 2024 Arising Out of PS. Case No.-391 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== Sandeep Kumar Son of Parmanand Mahto Resident of Village - Maranchi, P.S. - Maranchi, District - Patna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Ravi Ranjan Son of Late Maheshwari Prasad Singh Resident of Village - Sirari, P.S. - Sheikhpura (Sirari O.P.), District - Sheikhpura ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Roop Kishan For the Opposite Party/s :
Mr. Braj Kishore Pd.(App) For the Informant Kumar Mangalam ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 03-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sheikhpura (Sirari O.P.) P.S. Case No. 391 of 2023 instituted for the offence under Section 363 of the Indian Penal Code and Section 8 of the POCSO Act.
3. As per allegation in the FIR, on the alleged date of occurrence, daughter of the informant, aged about 16 years went to Sheikhpura for taking admission but till evening, she did not return and her mobile was also getting switched off. Informant has apprehension that some unknown persons had enticed her away.
Patna High Court CR. MISC. No.66399 of 2024(3) dt.03-04-2025 2/3
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. From perusal of the case diary, it appears that statement of the victim girl has been recorded u/s 164 Cr.P.C., in which she has not made any allegation against this petitioner rather, she has disclosed that she has performed marriage with him. In para 61 of the case diary (statement u/s 161 Cr.P.C.), she has not supported the prosecution story rather she has stated about her marriage with the petitioner and also disclosed about her seven months pregnancy.
5. Learned APP appearing for the State has opposed the prayer of Bail.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Shiekhpura (Sirari O.P.) P.S. Case no. 391 of 2023, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District &
Patna High Court CR. MISC. No.66399 of 2024(3) dt.03-04-2025 3/3 Sessions Judge-cum-Exclusive Special Judge (POCSO), Sheikhpura subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(S. B. Pd. Singh, J) sushma/- U