Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17898 of 2023 Arising Out of PS. Case No.-34 Year-2020 Thana- DUMARIAGHAT District- East Champaran ====================================================== Ravi Kumar Son Of Bhagyanarayan Bhagat Resident Of Village- Husaini, P.S.- Dumariyaghat, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 364, 366A, 34 of the Indian Penal Code and Section 8 of the POCSO Act.

As per FIR, the allegation against the petitioner along with co-accused persons is that they kidnapped the daughter of the informant due to ulterior motives. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to local village politics. As per impugned order, the statement of victim recorded under section 164 of Cr.P.C. wherein, she stated that

Patna High Court CR. MISC. No.17898 of 2023(2) dt.12-05-2023 2/2 she went with this petitioner with her own sweet will thereafter they solemnized Court marriage. It is further submitted that the victim girl is major and aged about 19 years. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 12.01.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dumariyaghat P.S. Case No. 34 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge-cumSpecial Judge, POCSO Act, Motihari East Champaran. (Sunil Kumar Panwar, J) Manish/- U T