Rambabu Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7230 of 2023 Arising Out of PS. Case No.-531 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== Rambabu Pal S/O Dinesh Pal Resident of Village- Santghat, Ward No.- 14, P.S.- Bettiah Town, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Mishra For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-05-2023 Learned counsel for the petitioner has filed the supplementary affidavit today in the court.

Let it be kept on record.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 363, 366/34 of the Indian Penal Code and Section 8 of the POCSO Act. Petitioner is said to have kidnapped the daughter of the informant for the purpose of marriage.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that occurrence took place on 12.07.2022 but the FIR has been lodged on 17.07.2022 after delay of 5 days without explaining any reasonable cause of delay. He submits that the victim in her statement recorded under Section 164 of

Patna High Court CR. MISC. No.7230 of 2023(3) dt.12-05-2023 2/2 the Cr.P.C. has not supported the prosecution case. He submits that the victim is a major lady, hence, Section 8 of the POCSO Act is not applicable against the petitioner. He submits that there is contradiction in the statement of the victim recorded under Sections 164 and 161 of the Cr.P.C. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and the statement of the victim recorded under Section 164 of the Cr.P.C., let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bettiah Town P.S. Case No. 531 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

devendra/- (Anjani Kumar Sharan, J) U T