Anand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72504 of 2023 Arising Out of PS. Case No.-560 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== Anand Kumar Son Of Late Lalu Chaudhary R/O Vill - Tumkadiya, P.S. - Bairiya, Distt. - West Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 366(A) of the Indian Penal Code and Section 8 of POCSO Act.

Prosecution case in nutshell is that minor daughter of the informant went to school but did not return. Even after intense search, she could not be traced. Strong suspicion has been raised by the informant that her daughter has been abducted by accuse persons for solemnization of marriage.

Patna High Court CR. MISC. No.72504 of 2023(3) dt.31-01-2024 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Petitioner is not named in F.I.R. There is an inordinate delay of 7 days in lodging the F.I.R. Victim has been recovered. She has stated in her statement recorded under Section 161 Cr.P.C. that she has left her house with her own sweet will and went to Bettiah Railway Station. She went to Jodhpur, where she called the petitioner as she was in love with the petitioner and she wanted to marry him. At jodhpur, the victim resided for two days with the petitioner in separate rooms. She has not whispered about misbehave with her in any manner but she has stated in her statement recorded under Section 164 Cr.P.C.

that petitioner made sexual relation with her at Jodhpur. It seems that the victim went with the petitioner with her own will. There is major contradiction in her statement recorded under Section 161 Cr.P.C. and 164 Cr.P.C. Moreover, the petitioner is languishing in judicial custody since 30.07.2023.

Patna High Court CR. MISC. No.72504 of 2023(3) dt.31-01-2024 3/3 antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bettiah Town P.S. Case No. 560 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, POCSO-cum-A.D.J. VI, Bettiah, West Champaran. (Sunil Kumar Panwar, J) Nirajkrs/- U T