Raju Sada @ Raju Kumar Sadai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14037 of 2020 Arising Out of PS. Case No.-206 Year-2019 Thana- MANIGACHI District- Darbhanga ====================================================== Raju Sada @ Raju Kumar Sadai Son of Dashai Sada @ Pikal Sadai Resident of Village-Dhunsi Tol Damka, P.S.-Manigachi, District-Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Md. Anisur Rahman, Advocate For the Opposite Party/s :
Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-06-2020 Heard learned counsel for the petitioner and learned counsel for the State.
In the present case, the petitioner is seeking bail in connection with Manigachi P.S. Case No. 206 of 2019, registered for offence punishable under Sections 363, 366 (A), 376, 504, 506/34 of the Indian Penal Code.
Allegation has been made in the FIR that on 21.07.2019 at about 7.00 P.M. the petitioner took away the informant on the pretext of marriage with the consent of the parent of the petitioner to Chennai where the victim was put to sexual assault repeatedly. In her statement under Section 164 Cr.P.C., she has stated that repeated sexual assault has been perpetrated upon her. The age of the victim has been assessed between 18-19 years. It appears that it is a case of consensual
Patna High Court CR. MISC. No.14037 of 2020(2) dt.05-06-2020 2/2 sex as normally if the force has applied she could raise the alarm while taking her to Chennai, but no such alarm was raised by her as the same is not reflected from the statement made under Section 164 Cr.P.C.
Considering the entire facts and circumstances of the case, the petitioner, above-named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-V, Darbhanga in connection with Manigachi P.S. Case No. 206 of 2019.
(Shivaji Pandey, J) V.K.Pandey/- U T