Patna High CourtCR. MISC./24627/2024bail granted

Rudal Kumar @Rudal Kumar Ray v. The State Of Bihar

2024-04-05Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24627 of 2024 Arising Out of PS. Case No.-575 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== Rudal Kumar @Rudal Kumar Ray Son Of Satrohan Ray @ Shatrudhan Ray Resident Of Village- Panditpur, Ps- Barhara, Dist- Bhojpur At P/A- Deorath, Ps- Barhara Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiv Prasad Gupta, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 05-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Barhara P.S Case No. 575 of 2023 registered for the offences punishable under Sections 366 (A), 34 I.P.C. and Section 4 of the POCSO Act.

3. As per prosecution case, it is a case of abduction of minor girl of the informant by the petitioner and co-accused.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that victim admitted in her statement under Section 164 Cr.P.C that there was love affair between the victim and the petitioner and she went Delhi with her own will. It is next

Patna High Court CR. MISC. No.24627 of 2024(2) dt.05-04-2024 2/2 submitted that no wrong act was done by the petitioner with the victim. Petitioner has got no criminal antecedent as stated in para 3 of the petition. It is also submitted that petitioner is in judicial custody since 04.10.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner 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 learned VIth, Additional Sessions Judge cum Special Judge POCSO District Bhojpur at Ara in connection with Barhara P.S Case No. 575 of 2023.

(Ramesh Chand Malviya, J) Mayank/- U T