Ritick Kumar @ Ritik Kumar Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

Ritick Kumar @ Ritik Kumar Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Conditional anticipatory bail upon arrest/surrender within six weeks: enlargement on bail on furnishing bail-bond of Rs. 20,000/- with two sureties of the like amount each, to the satisfaction of the court concerned (Excise Special Judge POCSO) in connection with Paraiya P.S. Case No. 03 of 2023, subject to conditions under section 438(2) CrPC.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner apprehending arrest in connection with Paraiya P.S. Case No. 03 of 2023 dated 02.01.2023, registered for offences punishable u/s 363, 366(A) of the Indian Penal Code. +1 more

Court's answer

Conditional anticipatory bail granted: in the event of arrest or surrender within six weeks, the petitioner is to be enlarged on bail on furnishing a bail-bond of Rs. 20,000/- with two sureties of the like amount each, to the satisfaction of the court concerned (Excise Special Judge POCSO), subject to conditions laid down under section 438(2) of the Code of Criminal Procedure.

Ratio / Principle

The grant of bail was made expressly upon consideration of the aforesaid facts and circumstances together with the statement of the victim recorded u/s 164 of the Cr.P.C.

Detailed headnote1 paragraphs

PATNA HIGH COURT — ORAL ORDER (Justice Chandra Prakash Singh, 25-04-2024), CR. MISC. No.22990 of 2024 — Anticipatory bail application allowed. Petitioner apprehending arrest in Paraiya P.S. Case No. 03 of 2023 dated 02.01.2023 (Dist. Gaya), registered for offences punishable u/s 363, 366(A) IPC — alleged kidnapping of the informant's minor daughter with an intention of marriage (judgment paras 2-3). Defence submissions: petitioner not named in FIR, name transpired during investigation; victim's s.164 CrPC statement disclosed she was in love with the petitioner, left home of her own sweet will, solemnized marriage with him and gave birth to a child of the wedlock; victim now major and wishes to live with the petitioner; no criminal antecedent stated (para 4). Learned A.P.P. vehemently opposed (para 5). Considering the facts and circumstances and the victim's s.164 CrPC statement, petitioner, on arrest/surrender within six weeks, to be enlarged on bail on bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each before the court concerned, Excise Special Judge POCSO, subject to section 438(2) CrPC conditions (para 6). Application stands allowed (para 7).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22990 of 2024

Arising Out of PS. Case No.-3 Year-2023 Thana- PARAIYA District- Gaya

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

Ritick Kumar @ Ritik Kumar S/O- Kamlesh Singh R/O- Village- Lai, P.S.Mohanpur, Dist.- Gaya.

... ... Petitioner/S Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vinod Kumar, Adv. For the Opposite Party/s : Mr. Rana Randhir Singh, APP. ======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

2 25-04-2024

Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in a case in connection with Paraiya P.S. Case No. 03 of 2023 dated 02.01.2023 registered for the offences punishable u/s 363, 366(A) of the Indian Penal Code.

As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant with an intention of marriage.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner is not named in the FIR. During the course of investigation, the name of the petitioner has transpired in the instant case. It is further submitted that the victim in her statement recorded u/s 164 of the Cr.P.C has disclosed that she was in love with the petitioner and she went from the house of

Patna High Court CR. MISC. No.22990 of 2024(2) dt.25-04-2024 2/2

her own sweet will and solemnized marriage with the petitioner, thereafter she gave birth to a child out their her wedlock. It is next submitted that now the victim is major and she wants to live with her husband (petitioner). The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

Considering the aforesaid facts and circumstances and the statement of the victim recorded u/s 164 of the Cr.P.C, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Excise Special Judge POCSO in connection with Paraiya P.S. Case No. 03 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

The application stands allowed.

(Chandra Prakash Singh, J)

annpurna/-

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