Dhanraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20671 of 2024 Arising Out of PS. Case No.-253 Year-2023 Thana- SARAI District- Vaishali ====================================================== DHANRAJ KUMAR SON OF SRI GANESH SHARMA RESIDENT OF VILLAGE - SARMASTPUR, P.S. - MAHNAR, DISTRICT - VAISHALI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jai Shankar Pathak For the Opposite Party/s :

Ms.Rina Sinha Mr.Rajeev Ranjan II Smt. Kumari Rupa Smt.Priyanka Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-07-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Sarai P.S. Case No. 253 of 2023, registered for the offences punishable under Sections 363, 366A, 34 of the IPC, Section 4 of the POCSO Act and 9 of the Child Marriage Restraint Act.

3. As per allegation, the daughter of the informant went to her Coaching, but she did not return. Her family members started searching for her. During course of search, they came to know that the petitioner along with co-accused person forcefully got her seated on his motorcycle and fled away.

Patna High Court CR. MISC. No.20671 of 2024(4) dt.01-07-2024 2/3

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The victim in her statement under Section 164 of the case diary did not support the prosecution case. From statement of the victim under Section 164 of the Cr.P.C., it appears that there is no allegation of commission of rape against the petitioner. He has submitted further that the victim in her statement under Section 161 of the Cr.P.C. has stated that her mother had slapped her and in anger, she had left her house. It has also been submitted that the petitioner is under custody since 20.12.2023.

5. On the other hand, the learned APP for the State and the learned counsel for the informant have opposed the prayer for bail and submitted that the victim is a minor girl and her statement cannot be taken into account.

6. Considering the above-mentioned facts and circumstances as well as the period of custody, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cumSpecial Judge, POCSO, Hajipur, Vaishali in connection with Sarai P.S. Case No. 253 of 2023, subject to the following

Patna High Court CR. MISC. No.20671 of 2024(4) dt.01-07-2024 3/3 condition:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) kundan/- U T