Ritesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75843 of 2024 Arising Out of PS. Case No.-207 Year-2023 Thana- SARAI District- Vaishali ====================================================== Ritesh Kumar Son of Mahesh Mahto, R/o Vill.- Matiyara Tok, P.S.- Sarai, District- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Parmanand Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 20-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Sarai P.S. Case No.207 of 2023 instituted under Sections 363, 366(A)/34 of the Indian Penal Code.

3. As per the prosecution case, the allegation against the petitioner is that he had taken away the minor victim girl forcibly on motorcycle for the purpose of marriage.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case with ulterior motive. He further submits that the F.I.R. has been lodged after 9 days of alleged occurrence without any plausible explanation. Learned counsel submits that the victim in her statement has not made any allegation against the

Patna High Court CR. MISC. No.75843 of 2024(3) dt.20-12-2024 2/2 petitioner, rather she stated that she had herself gone to her maternal aunt house (Mausi) and only on the basis of suspicion this case has been lodged. He further submits that the petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned A.D.J.-cum-Special Judge, POCSO, Vaishali at Hajipur in connection with Sarai P.S. Case No.207 of 2023, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Ritik/- U T