Raja Kumar @ Raja Pathak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6540 of 2025 Arising Out of PS. Case No.-1034 Year-2022 Thana- DANAPUR District- Patna ====================================================== Raja Kumar @ Raja Pathak S/o- Upendra Pathak @ Munchun Pathak Resident of Village- Naya Tola , Police station- Danapur, District- Patna , permanent resident of Village and PS- Dhira, District- Lakhisarai ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Raj Kumar Ram Resident of Gandhinagar, Rajnarayan Dwar, Danapur Tribhuvan Park, PS Danapur, District Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Shanker Pankaj For the Opposite Party/s :
Mr.Renu Kumari For the Informant :
Mrs. Meenu Kumari.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-08-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Danapur P.S. Case No. 1034/2022 dated 25.09.2022 registered for the offences punishable u/ss 365, 366A of the IPC and later on added sections 376(I)(J) of the IPC and sections 8,12 of the POCSO Act.
3. As per the prosecution case, the petitioner and the co-accused person are alleged to have kidnapped the minor daughter of the informant for the purpose of marriage or wrong
Patna High Court CR. MISC. No.6540 of 2025(7) dt.19-08-2025 2/3 doing.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The victim in her statement recorded u/s 164 of the Cr.P.C. has stated that the victim went with the petitioner and admits the petitioner as her boyfriend and she solemnized marriage with him and went to Lakhisarai. The victim was not forced or seduced to have illicit relationship with another person. As per the medical report, there is no any external or internal injury has been found all over the body or the private part of the victim and the medical report also shows that no spermatozoa found in the high vaginal swab slide and this is difficult to say whether the rape has occurred or not. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 31.07.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court
Patna High Court CR. MISC. No.6540 of 2025(7) dt.19-08-2025 3/3 concerned, Patna in connection with Danapur P.S. Case No. 1034/2022, with the condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T