Patna High CourtCR. MISC./73346/2024bail granted

Himanshu Kumar v. The State Of Bihar

2024-12-12Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73346 of 2024 Arising Out of PS. Case No.-204 Year-2023 Thana- MUFFASIL District- West Champaran ====================================================== Himanshu Kumar S/o Ramlal Ram Resident of Village- Beldari, Police Station - Mufassil, District - Bettiah at West Champaran ... ... Petitioner/s

Versus

The State of Bihar 2.

Victim D/o Ashok Ram R/o vill - Beldari, P.S. - Mufassil, Distt. - Bettiah at West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhimanyu Sharma, Advocate Mr. Pratik, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP For the Informant :

Ms. Rashmi Bharti, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-12-2024 Heard Mr. Abhimanyu Sharma, learned counsel for the petitioner, Mr. Jitendra Kumar Singh, learned APP and Ms. Rashmi Bharti, learned counsel representing the opposite party no. 2.

2. The petitioner is in custody in connection with Bettiah Mufassil P.S. Case No. 204 of 2023 for the offence punishable under sections 363, 366A and 34 of the Indian Penal Code and Section 8 of the POCSO Act lodged on 29.03.2023 by the informant, XXXX.

3 As per the prosecution story, the informant alleged that the petitioner took away the minor daughter and upon inquiring from his family members, were abused/assaulted. This

Patna High Court CR. MISC. No.73346 of 2024(3) dt.12-12-2024 2/3 led to the FIR.

4. As the legal journey of this case traveled, subsequently, it has come to light that the petitioner and the victim girl tied nuptial knots and from the said wedlock, twin daughters have arrived in this world.

5. FIR is there, the petitioner will face the consequences, is in custody since 03.08.2024 and has no criminal antecedent, in that background, this Court is inclined to extend him the privilege of bail with conditions.

6. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge -VI-cum-Special Judge POCSO, West Champaran at Bettiah, in connection with Bettiah Mufassil P.S. Case No. 204 of 2023 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

Patna High Court CR. MISC. No.73346 of 2024(3) dt.12-12-2024 3/3 (iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T