Vivek Kumar v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER Mr.Alok Kumar Jha Mr.Navin Kumar Pandey 2 15-12-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 363, 366(A), 504/34 of the Indian Penal Code and Section 8 of the POCSO Act.

Petitioner is said to have kidnapped the minor daughter of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the victim, in her statement recorded under Section 164 of the Cr.P.C., has not supported the prosecution case. He submits that petitioner had no ill intention nor he did wrong with the victim. He submits that no incriminating article has been recovered from the possession of Patna High Court CR. MISC. No.79917 of 2023(2) dt.15-12-2023 the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and the statement of the victim, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Bathanaha P.S. Case No. 153 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. devendra/- U T (Anjani Kumar Sharan, J)