Jhunnu Ram @ Jhunna Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16322 of 2024 Arising Out of PS. Case No.-897 Year-2023 Thana- MAJHAULIA District- West Champaran ====================================================== Jhunnu Ram @ Jhunna Ram Son of Indradev Ram Resident of VillageMadhopur, Jiraat, Ward no. 4, P.S.- Majhaulia, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rishabh Mishra, Advocate For the Opposite Party/s :

Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Majhauliya P.S. Case No. 897/2023 dated 14.10.2023 registered for the offence punishable u/s 363/366A read with 34 of the Indian Penal Code and Section 8 and 12 of the POCSO Act.

3. As per the prosecution case, the petitioner and the co-accused person are alleged to have kidnapped the minor daughters of the informant for the purpose of marriage.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Learned counsel has submitted that the victim (Kajal

Patna High Court CR. MISC. No.16322 of 2024(3) dt.23-07-2024 2/2 Kumari) is a major girl. Learned counsel has further submitted that as per para. 22 of the case diary, the victims have refused for medical examination. It is further submitted that the victims are not forced to have illicit intercourse with another person. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 15.10.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the victims in their statement recorded u/s 161 and 164 of the Cr.P.C. has supported the prosecution story.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bettiah, West Champaran in connection with Majhauliya P.S. Case No. 897/2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T