Dilip Ram@ Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24085 of 2024 Arising Out of PS. Case No.-119 Year-2023 Thana- JALALGARH District- Purnia ====================================================== Dilip Ram@ Dilip Kumar SON OF RAGHUBIR RAM VILLAGEITAHARI, PANCHAYAT, RUPAULI, NORTH WARD NO. 10, PSJANKINAGAR, DIST- PURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 26-04-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Jalalgarh P.S. Case No.119 of 2023 registered for the offence under Sections 365, 366A, 376, 354, 323 and 380 of the Indian Penal Code and Sections 3⁄4 of POCSO Act.

3.

Allegation against the petitioner is to have kidnapped the daughter of the informant for the purpose of illegal intercourse.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that previously a case bearing Jalalgarh P.S. Case No. 181 of 2022 has already

Patna High Court CR. MISC. No.24085 of 2024(2) dt.26-04-2024 2/3 been lodged for the same set of occurrence. It is also submitted that the victim herself stated in her statement as recorded under Section 164 of the Cr.P.C. on 14.10.2022 in Jalalgarh P.S. Case No. 181 of 2022 that she is aged about 21 years and has solemnized marriage with the present petitioner. It is also submitted that the petitioner neither committed rape nor he had kidnapped the informant/victim. It is further submitted that petitioner is in custody since 05.12.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner and as it appears from perusal of statement of victim as recorded under Section 164 of the Cr.P.C. that the victim has been married with the petitioner on her own sweet will and she is living with the petitioner and her parents falsely implicated family members of her husband and as in previous case i.e. Jalalgarh P.S. Case No. 181 of 2022 the petitioner has already been granted bail, let the petitioner, above named, is directed to be released on bail in connection with Jalalgarh P.S. Case No.119 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.24085 of 2024(2) dt.26-04-2024 3/3 learned 6th Additional Sessions Judge-cum-Special Judge (POCSO), Purnia.

(Ramesh Chand Malviya, J) S.Katyayan/- U T