Ramanand Rai @ Ramanand Kumar Yadav @ Ramanandan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7177 of 2019 Arising Out of PS. Case No.-442 Year-2018 Thana- MITHANPURA District- Muzaffarpur ====================================================== RAMANAND RAI @ RAMANAND KUMAR YADAV @ Ramanandan Rai aged about 34 year, (M) Son of Harendra Rai Resident of Village- Nawada Sek Jhakhara, P.S.- Karza, District- Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nachiketa Jha For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Mithanpura P.S. Case No. 442 of 2018 registered for the offence punishable under Sections 366A/34 of the Indian Penal Code and under Sections 8 and 12 of the POCSO Act.

Informant who is the uncle of the victim girl has alleged in his written complaint that when his niece had gone to her school, petitioner along with FIR named accused persons kidnapped her with an intention of marriage.

It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.7177 of 2019(4) dt.20-02-2019 2/3 he is innocent and has been falsely implicated in this case due to village politics. There is general and omnibus allegation against all accused person. It has been further submitted that victim girl in her statement recorded under Section 164 of Cr. P.C. did not say anything about the petitioner. Petitioner has got no criminal antecedent and is in custody since 23.11.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.D.J.-1st-cumSpecial Judge, POCSO Act, Muzaffarpur, in connection with Mithanpura P.S. Case No. 442 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case,

Patna High Court Cr.Misc. No.7177 of 2019(4) dt.20-02-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) manoj/- U T