Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73305 of 2019 Arising Out of PS. Case No.-53 Year-2019 Thana- JAMOBAZAR District- Siwan ====================================================== PRAKASH KUMAR Son of Bhuali Prasad @ Sri Bhagwan Bhagat Resident of Village - Chandan Chhapra, P.S.- Jamo Bazar, Distt.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Pandey For the Opposite Party/s :

Ms.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-11-2019 Petitioner seeks bail in anticipation of his arrest in connection with Jamo Bazar P.S. Case No. 53 of 2019 registered for the offences punishable under Sections 363, 366A, 120B of the Indian Penal Code and Section 27 of the Arms Act, including Section 8 of POCSO Act.

As per FIR allegation against the accused persons, including the petitioner is that they kidnapped the minor daughter of the informant and there is also allegation of firing. Submission of learned counsel for the petitioner is that no specific allegation has been attributed against him and the statement of the victim girl recorded under Section 164 Cr.P.C. disclosed that she has not supported the prosecution case, rather she has stated that she had gone on her own sweet will and married with one Bagesh @ Akash Kumar.

Patna High Court CR. MISC. No.73305 of 2019(2) dt.19-11-2019 2/2 Heard learned APP also, who has opposed the prayer for anticipatory bail on the ground that girl was minor. In view of above facts and circumstances, this application is disposed of with direction to the petitioner to surrender and pray for regular bail, which shall be considered on its own merit, without being prejudiced by this order after considering the statement of victim girl recorded under Section 164 Cr.P.C. and, if possible, to be disposed of on the same day. (Vinod Kumar Sinha, J) spal/- U T