Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68437 of 2023 Arising Out of PS. Case No.-81 Year-2023 Thana- PIPRAKOTHI District- East Champaran ====================================================== SUJIT KUMAR Son of Ramjash Ram Resident of village - Badka Gaw, P.S.- Pakaridayal, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate For the Opposite Party/s :

Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-11-2023 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Piprakothi PS case no. 81 of 2023, disclosing offences punishable under Section 366A/34 of the Indian Penal Code and Section 8 of POCSO Act.

3.

The prosecution story, as per the First Information Report, is that the petitioner has allegedly abducted the minor daughter of the informant for the purposes of marriage. 4.

Learned Counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and has falsely been implicated in this case. He further submits that the victim girl has been recovered and from the impugned order, it transpires that from her statement made under Section

Patna High Court CR. MISC. No.68437 of 2023(2) dt.07-11-2023 2/2 164 Cr.P.C., before the learned Magistrate, it would be evident that she herself had left her parental home and had fled away with the petitioner and also solemnized marriage with him. 5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the statement of the victim girl made under Section 164 Cr.P.C., I am inclined to grant the privilege of anticipatory bail to the petitioner. 6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 6th Additional Sessions Judge-cumSpecial Judge, POCSO Act, Motihari, East Champaran in connection with Piprakothi PS case no. 81 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T