Vikash Kumar Sah @ Vikash Kumar @ Vikash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69306 of 2022 Arising Out of PS. Case No.-125 Year-2022 Thana- BHAGWANPUR District- Begusarai ====================================================== VIKASH KUMAR SAH @ VIKASH KUMAR @ VIKASH Son of Manoj Sah R/V- Dukha Tola, P.S- Gogri Jamalpur, Dist- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 21-03-2023 Let the defect(s), if any, pointed out by the office be removed within four weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

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

Petitioner seeks regular bail in connection with Bhagwanpur P.S. Case No.125 of 2022 registered for the offences punishable under Sections 366(A) and 376 of the Indian Penal Code and Sections 4 and 6 of the POCSO Act. As per the prosecution, the informant's minor daughter aged about 16 years was kidnapped by this petitioner with the intention of marriage.

The main submissions advanced by the learned

Patna High Court CR. MISC. No.69306 of 2022(4) dt.21-03-2023 2/2 counsel for the petitioner are that in the FIR, the victim's age has been revealed as 16 years by her father but during investigation the victim herself disclosed her age as 19 years and she has been recovered and she has recorded her statement under Section 164 of Cr.P.C., the petitioner is a young person and has been languishing in jail since 14.07.2022 and against him the investigation has been completed.

Learned APP appearing for the State has opposed the bail prayer.

In view of the facts, as stated above, and mainly the facts that the victim has been recovered and she has recorded her statement before the Judicial Magistrate as discussed in the Order Impugned and the petitioner is a young person and against him the investigation has been completed, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner 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 the concerned Court in connection with Bhagwanpur P.S. Case No.125 of 2022.

(Shailendra Singh, J) sangam/- U T