Allowed¶20

Vikash Kumar v. The State of Bihar

Patna HC12 Jul 2024CR. MISC./11490/2024

Case brief

AI extract

What is this about?

Vikash Kumar v. State of Bihar, Patna High Court Cr. Misc. No.11490 of 2024 (order dt.12-07-2024), Justice Nawneet Kumar Pandey. Anticipatory bail granted under S.438 Cr.P.C. in Sarmera (Nalanda) POCSO-linked FIR No.132/2023 charging Ss.366(A), 379/34 IPC and S.12 POCSO. Basis: victim's S.164 statement adverse to prosecution and Aadhaar showing her major; enticement alleged for marriage. Bond Rs.10,000 with two like sureties before Special Judge (POCSO), Biharsharif.

What did the court decide?

Anticipatory bail granted subject to Section 438(2) Cr.P.C. conditions; bail bond of Rs. 10,000/- with two sureties of the like amount each before Additional District & Sessions Judge-VII-cum Special Judge, POCSO, Nalanda at Biharsharif, on arrest or surrender within four weeks. ¶20

Vikash Kumar Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11490 of 2024

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Arising Out of PS. Case No.-132 Year-2023 Thana- SARMERA District- Nalanda

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

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Vikash Kumar Son of Janardan Kewat Resident of Village- Goush Nagar, P.S.- Sarmera, District- Nalanda

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Pramod Kumar Sinha For the Opposite Party/s : Mr.Pushpa Sinha.1 ======================================================

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CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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3 12-07-2024

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Heard learned counsel for the petitioner as well as learned APP for the State.

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The petitioner apprehends his arrest in connection with Sarmera P.S. Case No. 132 of 2023, registered for the offences punishable under Sections 366(A) and 379/34 of the Indian Penal Code and Section 12 of the POCSO Act.

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As per allegation, the petitioner enticed away the daughter of the informant with an intention to marry her.

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The learned counsel for the petitioner has submitted that the victim, in her statement under Section 164 of the Cr.P.C., did not support the prosecution case. She has stated that she went with the petitioner with her own sweet will.

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The victim, as per entry in Aadhaar Card, xerox

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Patna High Court CR. MISC. No.11490 of 2024(3) dt.12-07-2024 2/2

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copy whereof has been annexed with the record, was major at the time of occurrence.

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Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court of Additional District & Sessions Judge-VII-cum Special, Judge, POCSO, Nalanda at Biharsharif in connection with Sarmera P.S. Case No. 132 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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(Nawneet Kumar Pandey, J)

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kundan/-

Vikash Kumar v. The State of Bihar

Case brief

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Vikash Kumar v. The State of Bihar

Case brief

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