Dharmendra Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39646 of 2017 Arising Out of PS.Case No. -451 Year- 2016 Thana -BAHADURPUR District- DARBHANGA ====================================================== Dharmendra Das Son of Jiwan Das Resident of village- Asgaon, P.S.- Bahadurpur, District- Darbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Babita Kumari For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-08-2017 Learned counsel for the petitioner is permitted to make necessary correction in para 1 of the petition. Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in connection with Bahadurpur P.S. Case No.451/16 for the offences under Sections 363, 366(A), 376,212/34 of the Indian Penal Code and Section 4 of POCSO Act.

As per written report co-accused Soni Kumari and Meena Kumari took the minor daughter of informant Jehana Khatoon from her house then all named accused persons Kidnapped her away.

It is submitted by the learned counsel for the petitioner that the petitioner is not named in the F.I.R.. He only happens to

Patna High Court Cr.Misc. No.39646 of 2017 (4) dt.19-08-2017 2/2 be the uncle of the co-accused Kanhaiya Kumar Das at whose house in Delhi Kanhaiya Kumar Das had taken the victim girl and after getting knowledge of the occurrence of kidnapping he took both Kanhaiya and the victim to the court of Laheriya Sarai from where the victim went to her house. The petitioner has no concern with the aforesaid occurrence. He is in custody since 5.5.2017. From perusal of the impugned order it appears that the victim in her statement recorded under Section 164 Cr.P.C. has stated that Kanhaiya Kumar Das by administering intoxicant took her to Delhi and kept at the house of the petitioner and committed rape on her. Later on this petitioner had dropped the victim and Kanhaiya at Lakhisarai Court.

In view of the aforesaid facts and circumstances of the case, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judgecum-Special Judge (POCSO Act), Darbhanga, in Bahadurpur P.S.Case No.451/16.

(Prakash Chandra Jaiswal, J) AnilKrSinha/- U