Rishi Kumar @ Kaju v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14945 of 2024 Arising Out of PS. Case No.-214 Year-2023 Thana- SOHSARAI District- Nalanda ====================================================== Rishi Kumar @ Kaju son of Jitendra Prasad Mohalla- Bandhu Bazar W.No-3, Ps- Sohsarai Dist- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar Singh For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-09-2024 The FSL report is still awaiting.

2. Heard learned counsel for the petitioner as well as learned APP for the State.

3. In this case, the petitioner is seeking regular bail in connection with Sohsarai P.S. Case No. 214 of 2023, registered for the offences punishable under Sections 363, 366(A), 376 of the IPC and later on, section 4/6 of POCSO Act was added.

3. As per allegation, the petitioner kidnapped the minor sister of the informant.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is a serious kidney patient. The Jail Doctor of Biharsharif referred him to PMCH for better treatment. It has also been submitted that the statement of the victim under Section 164 of the Cr.P.C. itself reveals that there was love and

Patna High Court CR. MISC. No.14945 of 2024(6) dt.05-09-2024 2/2 affection between the alleged victim and the petitioner.

5. On the other hand, the learned APP for the State has opposed the prayer for bail.

6. A plethora of medical papers have been annexed with the record which shows that the petitioner is suffering from serious nephrological problems. The victim under Section 164 of the Cr.P.C. has stated that she had love and affection with the petitioner.

7. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional District Judge-VII-cum-Special Judge POCSO, Bihar Sharif, Nalanda in connection with Sohsarai P.S. Case No. 214 of 2023, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (Nawneet Kumar Pandey, J) kundan/- U T