Kanhay Das @ Anikesh Das @ Kanhaiya Das @ Anikesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25397 of 2023 Arising Out of PS. Case No.-10 Year-2021 Thana- KAJRAILICHAK District- Bhagalpur ====================================================== KANHAY DAS @ ANIKESH DAS @ KANHAIYA DAS @ ANIKESH KUMAR S/O PODIN HARIJAN R/O VILLAGE- DARIYAPUR, P.SSAJOUR, DISTT.- BHAGALPUR. ... ... PETITIONER/S
VERSUS
THE STATE OF BIHAR , PATNA ... ... OPPOSITE PARTY/S ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandrasekhar Sharma, Advocate For the Opposite Party/s :
Mr. Dilip Kumar No. 1, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-07-2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 363, 376, 504/34 of the Indian Penal Code and Section 4 of POCSO Act.
3. It is alleged that on 03.01.2021 at about 4:00 p.m her minor daughter (victim) aged about 15 years was going to meet her grandmother in field, in the meanwhile all the accused persons including these petitioner came and kdinapped informant's daughter(victim) and took to their village. It is further alleged that on 06.01.2021 the daughter of the informant
Patna High Court CR. MISC. No.25397 of 2023(3) dt.13-07-2023 2/3 found in the field of Dariyapur and victim disclosed that accused persons jointly kept her in Dariyapur field and Ranjit Das established sexual relationship with her.
4. It is submitted that specific allegation of commission of sexual assault is against co-accused Ranjeet Das. None of witnesses supported the prosecution during trial of police case 14/21. As a matter of fact, co-accused Ranjit Das has already solemnized marriage with the victim and living together as husband and wife. Petitioner claims clean antecedent.
5. Learned counsel for the State opposes the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged 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 court of Exclusive Special Judge, POCSO-cum- Additional District and Sessions Judge-VI, Bhagalpur in connection with Kajraily P.S. case no 10 of 2021, subject to the conditions laid
Patna High Court CR. MISC. No.25397 of 2023(3) dt.13-07-2023 3/3 down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Kaushik/- U