Ranjeet Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6296 of 2022 Arising Out of PS. Case No.-288 Year-2021 Thana- LAURIA District- West Champaran ====================================================== RANJEET SHARMA SON OF BHOLA SHARMA R/O VILLAGE- SRKIL MAJHAUA, WARD NO.7, P.S.- CHAUTARWA, DISTRICT- WEST CHAMPARAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Shilpi Keshri For the Opposite Party/s :
Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 13-06-2022 Heard learned counsel for the petitioner and learned APP for the State.
Let the defect (s), as pointed out by the office, be removed within a period of four weeks from today. In the present case, the petitioner seeks bail in connection with Lauriya P.S. Case No. 288 of 2021 registered for the alleged offences under Sections 363, 366A, 370A, 354 and other minor sections of the Indian Penal Code, sections 3,4,5, 6, 7, 8 of Human Trafficking Act, sections 8,12, 17 of POCSO Act and 75 of JJ Act.
The prosecution case is that the petitioner and other co-accused persons were using two minor girls for wrongful act in the garb of running orchestra company in which the petitioner
Patna High Court CR. MISC. No.6296 of 2022(2) dt.13-06-2022 2/3 is stated to be owner.
Learned counsel for the petitioner has submitted that from the FIR itself no offence appears to be made out against the petitioner as no wrongful act has been mentioned in the FIR. Moreover, one of the minor girls is wife of co-accused Niranjan Barman and another is sister-in-law and medical report does not indicate any wrongful or sexual act with the girls. One of the coaccused person has been granted by the court below and another co-accused has been allowed bail by this court today itself. The victims girls have stated in their statements under section 164 Cr.P.C that they have been working in the orchestra for their livelihood and they have not stated anything about any wrongful act by the petitioner. Merely on suspicion petitioner has been made accused in this case and he is in custody since 18.11.2021.
Learned APP has opposed the prayer for bail, submitting that the petitioner and other accused persons were using victim girls for wrongful act.
Having regard to the submission made hereinabove and considering the fact that apparently, there is nothing to show any wrongful act of sexual nature in the FIR and the period of custody, the petitioner above named is directed to be released on
Patna High Court CR. MISC. No.6296 of 2022(2) dt.13-06-2022 3/3 bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge VIII-cum- Special Judge (POCSO), West Champaran, Bettiah/court concerned in connection with Lauriya P.S. Case No. 288 of 2021, subject to the following conditions: (i) One of the bailors will be a close relative of the petitioner, preferably one of the parents.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. (Arun Kumar Jha, J) s.hassan/- U T