Ramashish Yadav @ Ramashray Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16368 of 2024 Arising Out of PS. Case No.-355 Year-2023 Thana- SONO District- Jamui ====================================================== Ramashish Yadav @ Ramashray Yadav, aged about 22 years, Male Son of Nagmani Yadav @ Guhan Yadav, Resident of Village- Bhujhayat (Bujhayat), P.S.- Sono, District- Jamui.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sudhawa Devi Wife of Laxman Manjhi, Resident of Village- Bujhayat, P.O.- Naiyadih, P.S.- Charka Patthar, O.P. Sono, District- Jamui. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. S. K. Lal, Advocate Mr. Umesh Prasad, Advocate For the State :

Mr. Sadanand Paswan, Spl. PP For the Informant :

Mr. Manohar Prasad Singh, Advocate Mr. Amardeep, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-03-2024 Heard learned counsel for the petitioner, learned Spl. PP for the State and learned counsel for the informant.

2. The petitioner seeks bail in connection with POCSO Case No. 01 of 2024 arising out of Sono (Charkapatthar) P.S. Case No. 355 of 2023 instituted for the offences punishable under Sections 363 and 366 of the Indian Penal Code and Section 3 (2) (v) of the SC/ST (P.O.A.) Act.

3. As per the prosecution case, minor daughter of the informant was kidnapped by the accused persons including the petitioner.

Patna High Court CR. MISC. No.16368 of 2024(2) dt.15-03-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He further submits that the victim girl has stated that she is aged about 18 years. He next submits that good feelings are restored in between the parties and compromise petition has also been filed. Petitioner has got clean antecedent as stated in para 3 of the petition and is in custody since 11.10.2023.

5. Learned APP for the State and learned counsel for the informant opposed the prayer for bail and submits that it is a very heinous crime and the petitioner does not deserve for bail.

6. From perusal of the FIR and impugned order of the learned Additional Sessions Judge-Ist, Jamui dated 24.01.2024, it appears that petitioner is named in the FIR. The victim girl in her statement recorded under Sections 161 and 164 of the Cr.P.C. has stated that she has voluntarily went with the petitioner on her own free will and both parties have compromised the case before the learned trial Court and leaned counsel for the informant also admitted that both parties settled the matter and are living as husband and wife, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.16368 of 2024(2) dt.15-03-2024 3/3 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-1st Jamui in connection with POCSO Case No. 01 of 2024 arising out of Sono (Charkapatthar) PS Case No. 355 of 2023.

(Ramesh Chand Malviya, J) Anand Kr.

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