Ramdayal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14135 of 2024 Arising Out of PS. Case No.-351 Year-2023 Thana- MUFFASIL District- Aurangabad ====================================================== Ramdayal Kumar Son of Ramashish Yadav Resident of Village- Khaira Mirja, P.S.- Aurangabad Mufassil, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Victim X Daughter of Valmiki Paneri R/O Vill.- Khaira Mirja, P.S.- Muffasil, Dist.- Aurangabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Aman Vishal For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-07-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Aurangabad Mufassil P.S. Case No. 351 of 2023, registered for the offences punishable under Sections 363, 366A, 376, 504 of the IPC and Sections 4 and 8 of the POCSO Act.

3. As per allegation, the petitioner solemnized marriage with the informant in the year 2022. After marriage, he took her to Jaipur where he exploited her sexually for four months and thereafter fled away.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.14135 of 2024(4) dt.08-07-2024 2/2 this case. The age of the victim is 18 years as mentioned by the learned Magistrate. She has submitted further that the victim, in her statement under Section 164 of the Cr.P.C., has specifically stated that she went with the petitioner to Jaipur where the petitioner solemnized marriage with her.

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

6. Considering the above-mentioned facts and circumstances as well as the period of custody i.e. more than seven months, 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 Sessions Judge-VI-cum-Exclusive Special Judge, POCSO Act, Aurangabad in connection with Aurangabad Mufassil P.S. Case No. 351 of 2023, subject to the following condition:- (i) 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