Patna High CourtCR. MISC./8947/2024bail granted

Shashi Ranjan Kumar v. The State Of Bihar

2024-04-09Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8947 of 2024 Arising Out of PS. Case No.-67 Year-2022 Thana- GOVINDGANJ District- East Champaran ====================================================== Shashi Ranjan Kumar Son of Mahesh Prasad R/o vill - Areraj ward no. 10, P.S. - Areraj, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate Mr. Shreyash Bhardwaj, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP For the Informant : Mr. Ajay Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Govindganj (Areraj) Police Station Case No. 67 of 2022 registered for the offence under Sections 363, 365 / 34 of the IPC and Section 8 of the POCSO Act.

3. As per the prosecution case, the allegation against the petitioner is that he alongwith other co-accused person kidnapped the daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He further submits that the petitioner is in custody since 28.11.2023.

5. However, learned APP for the State vehemently

Patna High Court CR. MISC. No.8947 of 2024(3) dt.09-04-2024 2/2 opposed the prayer for regular bail.

6. On perusal of the FIR, case diary, statement of the victim recorded under Section 164 of the Cr.P.C. and impugned order dated 20.12.2023, it appears that on the basis of written report of the informant, FIR was registered under Section 363, 365 / 34 of the IPC and Section 8 of the POCSO Act against 5 accused persons including the present petitioner. Name of the petitioner has falsely been implicated on the basis of suspicion and on the basis of statement of the victim recorded under Section 161 of Cr.P.C., it appears that there no allegation of sexual assault or any other offence against the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 6th Additional Sessions Judge - cum - Special Judge, POCSO Act, East Champaran, Motihari in connection with Govindganj (Areraj) P.S. Case No. 67 of 2022.

(Ramesh Chand Malviya, J) saurabhkr/- U T