Ankit Kumar Chouhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82068 of 2023 Arising Out of PS. Case No.-9 Year-2023 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== Ankit Kumar Chouhan S/O Raj Kumar Chouhan R/O Village- Dalan Bhatwara, P.S- Muffasil, Distt.- Katihar.

... ... Petitioner/S

Versus

1.

The State Of Bihar 2.

Satya Narayan Chouhan S/O Late Lal Jee Chouhan R/O Village- Dalan Bhatwara, P.S- Muffasil, Distt.- Katihar.

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

For the Petitioner/s :

Mr.Bhola Prasad For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and the State.

2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 363, 366A/34 of the Indian Penal Code and sections 4 and 17 of the POCSO Act.

3. As per the prosecution case, petitioner and his family members kidnapped daughter of opposite party no.2.

4. Learned counsel appearing for the petitioner submits that girl in her 164 Cr.P.C. statement has not supported the prosecution case. She has stated that she went with the petitioner to Delhi and married him in temple on 5.11.2023 and a girl child was also born out of the said wedlock. Medical Board has assessed her age to be 18 to 19 years at the time of occurrence. Petitioner claims clean antecedent.

Patna High Court CR. MISC. No.82068 of 2023(2) dt.18-01-2024 2/2

5. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned 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 Act Katihar in Muffasil Police Station Case No. 09 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