Patna High CourtCR. MISC./13489/2024bail granted

Bechan Yadav @ Vikaram Kumar v. The State Of Bihar

2024-05-03Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13489 of 2024 Arising Out of PS. Case No.-639 Year-2022 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Bechan Yadav @ Vikaram Kumar S/O Shankar Yadav R/O Village- Khajha, Baniya Patti, Ps.- K. Nagar, Dist.- Purnea.

... ... Petitioner/s

Versus

The State of Bihar 2.

XXX through her father namely, Jageshwar Ram R/O Village- Daini, Nursery Tola, Ps.- K. Nagar, Dist.- Purnea.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Jha, Advocate For the State :

Mr. Jharkhandi Upadhyay, APP For the informant :

Mr. Sanjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-05-2024 Heard learned counsel for the petitioner; learned APP for the State and learned counsel for the informant.

2. The petitioner seeks bail in connection with K. Nagar P.S. Case No. 639 of 2022 registered for the offence punishable under Sections 341, 376, 504/34 of the Indian Penal Code; Sections 3(II)(v) of the SC/ST (Prevention of Atrocities) Act and Section 4/6 of the Protection of Children from Sexual Offences Act.

3. As per the FIR, it is the petitioner who has committed rape with the victim.

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case. The

Patna High Court CR. MISC. No.13489 of 2024(3) dt.03-05-2024 2/2 FIR has been filed two months after the alleged occurrence. The victim has been found to be a major. The petitioner is in jail since 07.11.2022.

5. Learned counsel for the informant has vehemently opposed the prayer for bail and submitted that the petitoiner is the main accused.

6. Considering the delay in lodging of the F.I.R. and the period of custody, this application is allowed.

7. 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 the learned Additional Sessions Judge-VI-cum-Special Judge (POCSO), Purnea in connection with K. Nagar P.S. Case No. 639 of 2022. (Sandeep Kumar, J) P. Kumar U T