Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73846 of 2022 Arising Out of PS. Case No.-479 Year-2020 Thana- HARSIDHI District- East Champaran ====================================================== Ajay Kumar Son Of Bindeshwari Sahani R/O Vill.- Dhab Tola Kadhaiya, P.S.- Harsidhi, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhurendra Kumar For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 363, 366A, 34 of the Indian Penal Code and Section 8 and 12 of the POSCO Act.

Petitioner is said to have kidnapped the daughter of the informant and sold her to brothel.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is specific allegation against coaccused Arvind Das. He submits that the victim was recovered and during course of medical examination her age was assessed between 17 1⁄2 to 18 1⁄2 years. He submits that the victim was recovered from Haryana with the co-accused and there was no

Patna High Court CR. MISC. No.73846 of 2022(2) dt.28-03-2023 2/2 active involvement of the petitioner in the alleged occurrence. He submits that the victim girl was in love with co-accused Arvind Das and left her parental home with voluntarily. He submits that the similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 16.05.2022 passed in Cr. Misc. No. 36270 of 2021 and Cr. Misc. No. 22905 of 2021. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Harsidhi P.S. Case No. 479 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T