Patna High CourtCR. MISC./26086/2024bail granted

Upendra Rai @ Upendra Ray v. The State Of Bihar

2024-07-24Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26086 of 2024 Arising Out of PS. Case No.-9 Year-2024 Thana- RAJEPUR District- East Champaran ====================================================== UPENDRA RAI @ UPENDRA RAY S/O LATE KISHUN RAI R/O VILLAGE- SEMRAHA, P.S- RAJEPUR, DISTT.- EAST CHAMPARAN. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Rathore For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Rajepur P.S. Case No. 09 of 2024 registered for the offence punishable under Sections363, 366(A)/34 of the Indian Penal Code and Section-8 of POCSO Act.

3. It is alleged that the accused persons entered into house of the informant and kidnapped his minor daughter for the purpose of marriage.

4. Learned counsel for the petitioner has submitted that the victim in her statement recorded under Section-164 of the Cr.P.C., has stated that the co-accused Pintoo enticed away her to Haryana. She was in love with Pintoo for two years and

Patna High Court CR. MISC. No.26086 of 2024(3) dt.24-07-2024 2/2 solemnized marriage in Muzaffarpur. It has further been submitted that the petitioner is father of co-accused Pintoo and he has falsely been implicated in this case merely because he is father of the main accused. The victim in her statement recorded under Section 164 of the Cr.P.C. did not name the petitioner.

5. Learned APP has opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances, let the petitioner named above, 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 learned Additional Sessions Judge-VII-cum-Special Judge, POCSO, Motihari, East Champaran in connection with Rajepur P.S. Case No. 09 of 2024 with condition that the petitioner shall cooperate with the trial of the case and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) A.K.V.//- U T