Rajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16559 of 2023 Arising Out of PS. Case No.-243 Year-2022 Thana- CHAKIA District- East Champaran ====================================================== Rajan Kumar Son Of Late Yogindra Sah, R/O Village- Dhaubauliya, P.S.- Chakia, District- East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Adv.

For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-05-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Chakia P.S. Case No. 243 of 2022 dated 13.06.2022 lodged under Sections 363, 365 of the I.P.C. and Section 8 of the POCSO Act.

As per prosecution case, the allegation against the petitioner that he kidnapped the victim girl with a view to marry. Learned counsel for the petitioner submits that the alleged victim girl has been recovered and she has narrated her statement under Section 164 of Cr.P.C. before the Magistrate, which has been acknowledged in the order rejecting his bail by the Sessions Court, Additional Sessions Judge-cum-Special Judge, POCSO Act that she left her village and went to her uncle and thereafter solemnized marriage with the petitioner and

Patna High Court CR. MISC. No.16559 of 2023(2) dt.10-05-2023 2/2 started living in Areraj on rent. It has also come that age was ascertained by the Medical Board of the victim is 18 to 19 years whereas Judicial Officer has ascertained the age of the victim is 19 years. Learned counsel for the petitioner further submits that the petitioner is not accused rather the victim of this case and there is no grievance to the alleged victim living with the petitioner.

Learned counsel for the State opposes the prayer for bail.

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 learned Addl. Sessions Judge-7th-cumSpecial Judge, POCSO, East Champaran at Motihari in connection with Chakia P.S. Case No. 243 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.. With this observation, the bail application stands allowed.

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