Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81247 of 2023 Arising Out of PS. Case No.-205 Year-2023 Thana- KALYANPUR District- East Champaran ====================================================== SONU KUMAR SON OF BANDHU RAI RESIDENT OF VILLAGE GANESH SIRSIYA, P.S. CHAKIA, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 366A, 34 of the IPC and section 8 of the POCSO Act.

3.

Allegedly, all the F.I.R. named accused persons including the petitioner kidnapped the minor daughter of the informant and it is alleged that the accused persons had kept his daughter in their house for making physical relationship. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather

Patna High Court CR. MISC. No.81247 of 2023(2) dt.20-12-2023 2/2 general and omnibus in nature. Only on suspicion, petitioner has been made accused in this case. The statement of the victim was recorded u/s 164 Cr.P.C., in which, she has not supported the prosecution case. Petitioner has no criminal antecedent and two similarly situated co-accused have been granted anticipatory bail by this Court on 13.10.2023 in Cr. Misc. No.60465/2023. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since similarly situated co-accused has been granted bail, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Kalyanpur P.S. Case No.205 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T