IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.76182 of 2024 Arising Out of PS. Case No.-392 Year-2024 Thana- MAJHAULIA District- West Champaran ====================================================== Vikas kumar Son of Ramesh Patel village- Ahwar sheikh Mouje tola, ward no 3 Ps -Majhauliya District -west champaran ... ... Petitioner/s Versus 1. The State of Bihar 2. X Wife of Jagan Thakur village- Ahwar sheikh Mouje tola, ward no 3 Ps -Majhauliya District -west champaran ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Adv. For the State : Mr. Dr. Kumar Uday Pratap, APP. For the Informant : Mr. Sanjeev Kumar, Adv. Ms. Bharti Rai, Adv. ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 4 11-04-2025 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant. 2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 363, 366A, 504, 506/34 of the Indian Penal Code and Section 8 of POCSO Act. 3. The prosecution case is that on 12.06.2024 at about 03:30 a.m., the daughter of the informant had gone to attend the call of nature whereafter she did not come back and when the informant’s younger daughter, who had gone with the victim, raised alarm, the informant came to know that petitioner Vikas Kumar along with co-accused Abhay Kumar had kidnapped the Patna High Court CR. MISC. No.76182 of 2024(4) dt.11-04-2025 2/4 victim and taken her away on a motorcycle. 4. At the outset, learned counsel for the petitioner submits that the present case is not of kidnapping rather the informant’s daughter, i.e., victim had left her house with the petitioner and his friends on her own sweet will in the mid night. Learned counsel for the petitioner has drawn the attention of the Court to the statement of the victim recorded under Section 161 Cr.P.C. wherein she has stated that her age is around 18 years and she had left with the petitioner and his friends voluntarily and the petitioner is known to her from before. She has further stated that she along with Vikas had travelled on auto, train and other public vehicles and had also solemnized marriage in a temple in Hyderabad. Thereafter, they stayed together in a rented house. She further stated that when she got to know that his family members had lodged criminal case against the petitioner, she came back home and made an appearance before the police. As against this statement under Section 161 Cr.P.C., the victim, in her statement under Section 164 Cr.P.C., has narrated the story of being kidnapped at around 12 AM on 12.06.2024. She has also stated that she stayed with the petitioner and his friends for 10 days and did not raise alarm and she further stated that the petitioner and his Patna High Court CR. MISC. No.76182 of 2024(4) dt.11-04-2025 3/4 friends are co-villagers. She also disclosed in her statement recorded under Section 164 Cr.P.C that it was the petitioner and his friends who dropped her back to Madhupur, Sugauli. 5. Learned APP for the State and learned counsel for the informant have opposed the prayer for bail submitting that the victim is a minor and she has supported the allegations levelled against the petitioner in her statement recorded under Section 164 Cr.P.C. In response to the same, learned counsel for the petitioner submits that both the statements recorded under Sections 161 and 164 Cr.P.C. lack consistency but would clearly disclose that the petitioner is aged about 18 years and therefore, she is a major and is capable of taking her own conscious decision. 6. Considering the fact that the statements of the victims recorded under Sections 161 & 164 Cr.P.C. do not match with each other and also considering the fact that the victim is a major and hence, no offence under POCSO Act is made out, let the above named petitioner, who has no criminal antecedent, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Patna High Court CR. MISC. MISC. No.76182 of 2024(4) dt.11-04-2025 4/4 Judge VIth cum Special Judge (POCSO), Bettiah, West Champaran in connection with Majhauliya P.S. Case No. 392 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C and subject to the further condition that he will co-operate in trial/investigation. divyanshi/- (Soni Shrivastava, J) U T