Lalan Kumar Bahardar @ Lalan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78748 of 2023 Arising Out of PS. Case No.-886 Year-2021 Thana- FORBESGANJ District- Araria ====================================================== Lalan Kumar Bahardar @ Lalan Singh Son Of Virendra Bahardar @ Virendra Singh Village Rampur Mohanpur Ward No 07 P S And Distt Araria ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIhar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kishore Bharti, Adv.

For the Opposite Party/s :

Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-01-2024 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in a case in connection with Forbesganj P.S. Case No. 886 of 2021 dated 06.11.2021 registered for the offence/s punishable u/ss 365 and 366A read with section 34 of the Indian Penal Code and section 8 of the POCSO Act.

4. As per the prosecution case, the petitioner and the coaccused persons in connivance with one another are alleged to have kidnapped the minor daughter of the informant by enticing her.

5. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.78748 of 2023(2) dt.22-01-2024 2/2 the petitioner has falsely been implicated in this case. There was love affair between the victim and the petitioner. The victim was not forced to have illicit intercourse with another person. The victim in her statement recorded under section 164 of the Cr. P.C. has stated that no one kidnapped her and she solemnized marriage with the petitioner of her own will. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Araria in connection with Forbesganj P.S. Case No. 886 of 2021, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T