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2025 DAILYLAW 83092 (PAT)

Raushan Kumar v. The State of Bihar

CR. MISC./82061/2024 · 2025-03-19

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.82061 of 2024 Arising Out of PS. Case No.-142 Year-2023 Thana- MAHUA District- Vaishali ====================================================== Raushan Kumar S/o- Lakshman Thakur village- Fulhara Bazar Ps-Raja Pakar Dist- Vaishali ... ... Petitioner/s Versus 1. The State of Bihar 2. Akankshi Kumari D/o- Bigan Kumar Singh Village- Fatehpur Chauthai Ps- Mahua Dist-Vaishali ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Anil Kumar, Advocate For the State : Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 19-03-2025 Heard learned counsels for the parties. 2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 363, 366A and 34 of the Indian Penal Code and Section 8 of the POCSO Act. 3. As per prosecution case, it is alleged that co- accused Beauti Devi kidnapped minor daughter of informant. 4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is not named in the F.I.R.. From bare perusal of the F.I.R. it is apparent that specific Patna High Court CR. MISC. No.82061 of 2024(3) dt.19-03-2025 2/3 accusation of kidnapping minor daughter of informant is against co-accused Beauti Devi. It is further submitted that during course of investigation, the victim was recovered and in her statement recorded under Section 164 of the Cr.P.C. she has not alleged any wrong against this petitioner. Petitioner claims clean antecedents. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner. 6. Considering the aforesaid facts and circumstances, tatement of victim recorded under Section 164 of the Cr.P.C. and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed. 7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI Special Judge POCSO Act, Vaishali at Hajipur in connection with Mahua P.S. Case No. 142 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Patna High Court CR. MISC. No.82061 of 2024(3) dt.19-03-2025 3/3 Procedure. shashank/- (Prabhat Kumar Singh, J) U T