Rajan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16134 of 2020 Arising Out of PS. Case No.-118 Year-2019 Thana- BAIRIYA District- West Champaran ====================================================== RAJAN SAH Son of Kailash Sah Resident of Village - Tadhwanandpur, Lakhani Bazar, P.S.- Bairiya, District - West Champaran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-06-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of regular bail arises out of Bairiya P.S. Case No.118 of 2019 (CIS-POCSO-38/2019) registered for the offence punishable under Sections 363/366A/34 of the Indian Penal Code and Section 8 of the POCSO Act.

It is alleged in the First Information Report that the informant's sister, who had gone out of her house to ease herself in the evening of 27.03.2019, did not return. On enquiry, the informant learnt that she might have been kidnapped by the petitioner for marriage. The suspicion, in respect of the petitioner's involvement, was based on a mobile phone number written on a chit of paper kept beneath the bed of the victim. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.16134 of 2020(2) dt.02-06-2020 2/2 that the victim has returned and her statement under Section 164 of the Code of Criminal Procedure has been recorded. Her age, on medical examination, has been found to be between 17 to 19 years. He contends that the First Information Report was registered nearly five days after the alleged date of occurrence, which casts serious doubt over the prosecution's case to the extent the same relates to implication of the petitioner and his family members. He has also submitted that no sign of sexual assault has surfaced during the course of investigation. Considering the above submission, this application is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional District & Sessions Judge-cum-Special Judge (SC/ST/POCSO), Bettiah, West Champaran, in Bairiya P.S. Case No. 118 of 2019 (CIS-POCSO-38/2019). (Chakradhari Sharan Singh, J) Pawan/- U T