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Arvind Sahani @ Arvind Kumar v. The State of Bihar

Patna HC12 Mar 2024CR. MISC./11652/2024

Case brief

AI extract

What is this about?

Applicant sought anticipatory bail fearing arrest in a kidnapping case involving a minor. The victim's Section 164 statement had not supported the prosecution case and she reportedly married the petitioner. Court granted anticipatory bail with standard conditions.

What did the court decide?

Release on bail upon arrest/surrender within six weeks, on bail bond of Rs. 25,000 with two sureties of like amount, subject to Section 438(2) Cr.P.C. conditions.

Arvind Sahani @ Arvind 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.11652 of 2024

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Arising Out of PS. Case No.-300 Year-2021 Thana- KESARIA District- East Champaran

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

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Arvind Sahani @ Arvind Kumar Son Of Bhagwan Sahani Resident Of Village-Konhiya, P.S.-Kesariya, District-East Champaran.

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar For the Opposite Party/s : Mr. Arun Kumar Singh ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 12-03-2024

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 363, 366(A), 34 of the Indian Penal Code and Section 8 of the POCSO Act.

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As per the prosecution case, the informant alleged that on 12.08.2021, she had gone to Sahebganj for treatment of her son and when came back home, she found her daughter traceless. On query, she came to know that the petitioner along with other co-accused persons have kidnapped her daughter.

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Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that

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Patna High Court CR. MISC. No.11652 of 2024(2) dt.12-03-2024 2/2

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the statement of the victim was recorded under Section 164 of Cr.P.C., in which she has not supported the prosecution case. He further submits that the victim has solemnized marriage with the petitioner. The petitioner is not named in the F.I.R.. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

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Learned APP for the State opposes prayer for anticipatory bail.

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Considering the facts and circumstances of the case and the statement of the victim recorded under Section 164 of Cr.P.C., let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Kesariya P.S. Case No. 300 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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(Anjani Kumar Sharan, J)

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anand/- U T

Arvind Sahani @ Arvind Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Arvind Sahani @ Arvind Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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