Vicky Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13549 of 2024 Arising Out of PS. Case No.-183 Year-2023 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== Vicky Ram Son of Jay Prakash Ram Resident of Village- Ahirauli, Police Station- Buxar Industrial, District- Buxar ... ... Petitioner/s

Versus

1.

The State of Bihar, Patna 2.

Jaramuni Devi Wife of Bharat Ram Resident of Village- Ahirauli, Police Station- Buxar Industrial, District- Buxar ... ... Opposite Party/s Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, Adv.

For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with POCSO Case No. 89 of 2023 arising out of Buxar (Industrial) P.S. Case No. 183 of 2023 lodged on 17.07.2023 under Section 366(A) of the Indian Penal Code and Sections 8 and 12 of the POCSO Act.

3. As per the prosecution case, the FIR has been lodged against four named accused persons, including the present petitioner. The allegation against the present petitioner is that he has kidnapped the daughter of the informant with a view

Patna High Court CR. MISC. No.13549 of 2024(3) dt.24-04-2024 2/3 to marry.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that criminal antecedent of the petitioner is clean and he is in custody since 28.07.2023. Counsel further submits that charge-sheet has already been submitted in this case. Counsel submits that the alleged victim girl has been recovered and she has narrated her statement under section 164 Cr.P.C. before the Magistrate.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that vide order dated 12.03.2024, case diary as well as statement under Section 164 of the Cr.P.C has been called for and upon perusal of that statement, it transpires that the allegation made in the prosecution has not been supported by the alleged victim girl.

6. 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 Additional Sessions Judge VIth-cumSpecial Judge, POCSO Act, Buxar in connection with POCSO Case No. 89 of 2023 arising out of Buxar (Industrial) P.S. Case

Patna High Court CR. MISC. No.13549 of 2024(3) dt.24-04-2024 3/3 No. 183 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.

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