Ranjan Kumar @ Ranja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15814 of 2020 Arising Out of PS. Case No.-114 Year-2019 Thana- DHANKUND District- Banka ====================================================== RANJAN KUMAR @ RANJA S/o Sri Kaleshwar Mandal R/o villageBhatuachak, P.S.- Dhankund, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vivekanand Vivek For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 376/34 of the Indian Penal Code and 4 of POCSO Act.

The prosecution allegation, in short, is that while the informant was alone at her house, the accused person entered into her house and committed rape on her and threatened not to disclose to any one.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.15814 of 2020(4) dt.10-09-2020 2/2 the petitioner is in custody since 25.9.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The medical report of the victim does not support the allegations made in the F.I.R.. The vaginal swab examination report shows that no spermatozoa was found. No external injury was found on the body of the victim. For oblique reason, the present prosecution has been made against the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-1, Banka in connection with Dhankund P.S. Case No. 114/2019.

(Sudhir Singh, J) Pankaj/- U T