Patna High CourtCR. MISC./3235/2025bail granted

Radhasharan Dev @ Radha Saran Deo @ Bidio v. The State Of Bihar

2025-02-05Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3235 of 2025 Arising Out of PS. Case No.-112 Year-2023 Thana- MAHILA PS District- Darbhanga ====================================================== Radhasharan Dev @ Radha Saran Deo @ Bidio S/o Noonulal Dev @ Noomu Lal Dev @ Numulal Deo Resident of Village- Tikapatti, Police StationAlinagar, District- Darbhanga ... ... Petitioner/s

Versus

The State of Bihar 2.

Veena Devi W/o Mansi Ram Resident of Village- Tikapatti, Police StationAlinagar, District- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary For the Opposite Party/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-02-2025 Heard the learned counsel for the petitioner, learned APP for the State and learned counsel for the O.P. No. 02.

2. This is the 2nd attempt of the petitioner. Earlier the bail application of the petitioner was rejected vide order dated 18.04.2024 passed in Cr. Misc. No. 10963 of 2024.

3. The petitioner seeks regular bail in a case registered for the offence under Sections 376(3)/354(c)/313/323/34 of the Indian Penal Code, Section 4 of the POCSO Act as well as Sections 3(i)(r)/3(i)(s)/3(i)(w)/3(2) (v) of the SC/ST (POA) Act.

4. As per the prosecution case, the brother of the petitioner is alleged to have raped the victim and made her pregnant, thereafter, the petitioner and his family members forcibly administered some medicine to the victim for abortion.

Patna High Court CR. MISC. No.3235 of 2025(2) dt.05-02-2025 2/2

5. Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence. Petitioner is in custody since 11.12.2023. He further submits that the victim has been examined in the trial and she has not supported the prosecution case.

6. Learned A.P.P. has vehemently opposed the prayer for bail.

7. Considering the aforesaid facts and circumstances, this application for regular bail is allowed.

8. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, (POCSO Act), Darbhanga/concerned Court below in connection with Mahila P.S. Case No. 112 of 2023 subject to condition that:- (i) The petitioner shall appear in the trial regularly either personally or through his lawyer and shall cooperate in the trial and non-cooperation in the trial shall result in cancellation of the bail bond of the petitioner. (Sandeep Kumar, J) Shishir/- U T