Ranjeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9919 of 2022 Arising Out of PS. Case No.-321 Year-2021 Thana- JALALPUR District- Saran ====================================================== RANJEET KUMAR SON OF MANOJ PRASAD @ MANOJ MAHTO RESIDENT OF VILLAGE- BASDILA, P.S.- KOPA, DISTRICT- SARAN AT CHAPRA (BIHAR) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar, Advocate For the Opposite Party/s :
Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-07-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Jalalpur P.S. Case No. 321 of 2021 registered for the offence under Sections 366(A), 367, 370(A), 371, 372, 373 and 34 of the Indian Penal Code, Section 8 of the Prevention of Children from Sexual Offences Act and Section 75 of Juvenile Justice Act. The accused/petitioner is named in the F.I.R. and is in custody since 20.12.2021.
The allegation against the petitioner is to engage the minor girls for the purpose of performing dance show in the
Patna High Court CR. MISC. No.9919 of 2022(2) dt.04-07-2022 2/3 orchestra.
Learned counsel appearing on behalf of the petitioner submitted that from bare perusal of FIR, it appears that no ingredients of Section 366(A) as alleged and further related to human trafficking is made out in present case. It has further been submitted that recovered minor girls were employed with orchestra for performing dance show. It has further been submitted that nothing surfaced during course of the investigation that the act of petitioner was with sexual intent, who is otherwise a man of clean antecedent. While concluding the argument, it has been submitted that charge-sheet has already been submitted in this case, as such, there is no chance of tampering with the evidence.
Learned APP, while opposing the prayer of bail, fairly conceded the fact that in facts minor girl was employed in orchestra, as per FIR.
Considering the facts and circumstances as mentioned above, as admittedly, the minor girls were engaged to perform in orchestra coupled with the fact that nothing surfaced during course of investigation to show the sexual intent of the petitioner, who is a man of clean antecedent, let the petitioner, above named, is directed to be released on bail in connection
Patna High Court CR. MISC. No.9919 of 2022(2) dt.04-07-2022 3/3 with Jalalpur P.S. Case No. 321 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-Vith-cum-Exclusive Special Judge (POCSO Act), Saran at Chapra, subject to the following conditions: "(i) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.
(ii) That one of the bailors shall be Pramila Devi, who is the mother of the petitioner and deponent of the present bail petition."
(Chandra Shekhar Jha, J) S.Katyayan/ R.S. SenU T