Allowed

Vishal Kumar v. The State of Bihar

Patna HC6 Aug 2019CR. MISC./20574/2019

Case brief

AI extract

What is this about?

This oral order grants anticipatory bail to the petitioner for Sections 363 and 366A IPC. The court noted the petitioner is not named in the FIR and accepted the victim's statement confirming their marriage and child. The petitioners to be released on bail with a bond of Rs. 10,000.

What did the court decide?

Release on bail within four weeks upon furnishing a bond of Rs. 10,000 with two sureties of Rs. 10,000 each.

Vishal Kumar Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20574 of 2019

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Arising Out of PS. Case No.-210 Year-2017 Thana- KATHAIYA District- Muzaffarpur

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======================================================

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VISHAL KUMAR Son of Kabindra Rai R/o village- Harpur, P.S.- Kathaiya, District- Muzaffarpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Vijay Kumar Singh For the Opposite Party/s : Mr.Binod Kumar ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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6 06-08-2019

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The petitioner apprehends his arrest in connection with Kathaiya P.S.Case No. 210 of 2017 registered under Sections 363 and 366A of the Indian Penal Code.

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Allegation as per FIR is that daughter of the informant was abducted by some unknown persons.

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Learned counsel for the petitioner submits that petitioner is not named in the FIR and his name transpires when girl was recovered from the house of the petitioner. Learned counsel further submits that girl had love affairs and out of that, they have solemnised marriage in a temple in 2017.

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Victim girl, namely, Chandani Kumari is present in Court and Mr. Pankaj Kumar, learned counsel files Vakalatnama on her behalf. Upon query made by the Court, she accepts that she has performed marriage with petitioner two years back and

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Patna High Court CR. MISC. No.20574 of 2019(6) dt.06-08-2019 2/2

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having a child out of their wedlock also.

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After having heard learned counsel for the parties and taking into consideration the statement of the victim girl made before this Court, I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJM 2^nd West, Muzaffarpur in connection with Kathaiya P.S.Case No. 210 of 2017; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Anil Kumar Sinha, J)

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sujit/-

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U T

Vishal Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vishal Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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