Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2299 of 2023 Arising Out of PS. Case No.-81 Year-2021 Thana- CHORAUT District- Sitamarhi ====================================================== RAJU KUMAR S/o Mahanthji Das @ Mohan Das R/o Village- Choraut, Ward no. 8, P.S.- Choraut, Distt- Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dinesh Jha For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-04-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Choraut P.S. Case No. 81 of 2021, registered for the offences punishable under Sections 363, 366(A)/34 of the I.P.C and Section 8 of POCSO Act.

There is allegation against the petitioner that he kidnapped the minor daughter of the informant. The learned counsel for the petitioner has submitted that the alleged victim has solemnized marriage with the petitioner. The photographs of marriage have been annexed with the record. The marriage certificate issued by Marriage Registration Officer, Ghaziabad has been annexed with the record and her statement under Section 164 of the Cr.P.C. is nothing but tutored at the pressure of her

Patna High Court CR. MISC. No.2299 of 2023(2) dt.05-04-2023 2/2 parents. The petitioner is under custody since 28.05.2022. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions JudgeVI-cum-Special Judge (POCSO) Act, Sitamarhi in connection with Choraut P.S. Case No. 81 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law. (Nawneet Kumar Pandey, J) Nirmal/Kundan U T