Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77137 of 2024 Arising Out of PS. Case No.-151 Year-2023 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Chandan kumar Son of Yogendra sah Resident of village - Mahangua, PsKundwachainpur, Dist- East Champaran ... ... Petitioner

Versus

1.

The State of Bihar 2.

Urmila Devi wife of Late Lalan Prasad Resident of village - Mahangua, PsKundwachainpur, Dist- East Champaran ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Sanjay Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-04-2025 Heard learned counsel for the petitioner and the State. Despite valid service of notice, nobody appears for opposite party no.2.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 363, 366A, 323, 504/34 of the Indian Penal Code and section 8 of the POCSO Act.

3. As per the prosecution case, while daughter of informant was going to attend call of nature at 8 pm, petitioner and other two accused persons kidnapped her 17 years old daughter with intention to marry her.

4. Learned counsel appearing for the petitioner while denying the allegations, submits that the victim, in her statement recorded under section 164 of the Code of Criminal Procedure, has stated that she had left her parental house on her own sweet will and went to Ahmadabad with the petitioner and solemnized marriage with him. Age of victim is stated to be 18 years in her aforesaid statement.

5. Considering the victim's statement recorded under

Patna High Court CR. MISC. No.77137 of 2024(5) dt.29-04-2025 2/2 section 164 of the Code of Criminal Procedure, prayer for bail of the petitioner is allowed. In the event of arrest or surrender within eight weeks from today, let this petitioner, as named above, be enlarged 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 Additional Sessions Judge VI cum Special Judge, POCSO, Motihari, East Champaran in Kundwachainpur Police Station Case No. 151 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T