Patna High CourtCR. MISC./82681/2023bail granted

Arun Kumar v. The State Of Bihar

2024-03-07Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82681 of 2023 Arising Out of PS. Case No.-480 Year-2022 Thana- CHIRAIYA District- East Champaran ====================================================== Arun Kumar Son Of Ramjanam Sahni R/O Village- Saraswaghat, P.S.- Chiraiya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Chiraiya P.S. Case No. 480/2022 lodged on 09.11.2022 under Section363, 366A, 34 of the Indian Penal Code and Sections 4 and 6 of the POCSO Act.

3. As per the prosecution case, the FIR has been lodged against five named accused persons, including the present petitioner with an allegation that all the accused persons have kidnapped the minor daughter of the informant for performing her marriage forcibly.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. In fact, the

Patna High Court CR. MISC. No.82681 of 2023(3) dt.07-03-2024 2/2 present case is the result of love affairs between the informant and the petitioner. The alleged victim has been recovered and has recorded her statement under Section 164 of the Cr.P.C. wherein she has stated that she entered into the marriage with the petitioner and living with him. The petitioner is in custody since 21.11.2023 having no criminal antecedent.

5. Learned counsel for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of 6th Additional Sessions Judge-cumSpecial Judge, POCSO Act, Motihari, East Champaran, Bihar, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.

(Dr. Anshuman, J) Ashwini/- U T