Satish Kumar @ Rohit Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10798 of 2024 Arising Out of PS. Case No.-673 Year-2023 Thana- BRAHMPUR District- Buxar ====================================================== Satish Kumar @ Rohit Kumar Ram SON OF SIDHNATH RAM Resident of village -Diyaman Bharatpaw PS Brahampur (Krishnabraham), District -Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Pradhan, Adv.

For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Brahampur (Krishna Braham) P.S. Case No. 673 of 2023, lodged on 08.11.2023 under Sections 363, 366(A) of the Indian Penal Code read with section 8 of the POCSO Act.

3. As per the prosecution case, FIR has been lodged against two named accused persons including the present petitioner against whom there is an allegation that they have kidnapped the informant's daughter.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the alleged daughter of the informant has been recovered and she has narrated her statement under section 164 Cr.P.C. before the learned Magistrate that she went with the

Patna High Court CR. MISC. No.10798 of 2024(3) dt.16-04-2024 2/2 petitioner with her own consent. Counsel further submits that the victim girl has not alleged anything against the petitioner in her statement under section 164 Cr.P.C.

5. Learned counsel for the petitioner submits that the criminal antecedent of the petitioner is clean and he is in custody since 10.11.2023.

6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the case diary along with statement under section 164 Cr.P.C. has been called for in which the victim girl has stated that she went with the petitioner with her own consent.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-VI-cum-Special Judge POCSO Act, Buxar in connection with Brahampur (Krishna Braham) P.S. Case No. 673 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.

(Dr. Anshuman, J.) Divyansh/- U T