Ranjeet Kumar Thakur @ Ranjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23666 of 2022 Arising Out of PS. Case No.-16 Year-2022 Thana- JOGAPATTI District- West Champaran ====================================================== Ranjeet Kumar Thakur @ Ranjeet Kumar S/o Ramakant Thakur R/o Village - Sehudawa, P.S. - Yogapatti, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-09-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Yogapatti (Sanichari) P.S. Case No. 16 of 2022 lodged under Sections 366A/34 of the I.P.C. read with Section 4 and 6 of POCSO Act.

As per the prosecution case, the allegation made in the F.I.R. against the present petitioner is that he along with other accused persons has kidnapped the victim with a view to marry. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The present case is absolutely false in support of his contention, he submits

Patna High Court CR. MISC. No.23666 of 2022(5) dt.29-09-2022 2/3 that the victim had gone with him with consent and free will. They entered into marriage and certificate of registration of marriage is also attached in the petition as Annexure- 3. Learned counsel for the petitioner further submits that case diary has been called for in which Statement 164 of Cr.P.C. is attached. He further submits that petitioner is in custody since 26.02.2022 having one antecedent in which he is on bail. Charge sheet has already been submitted.

Learned counsel for the State opposes the prayer for bail and submits that in the case diary Statement 164 attached in which the victim girl has accepted that no force was applied on her and she went with her own consent and entered into marriage with the petitioner but presently living with her family. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District and Sessions Judge 6th cum Special Judge POCSO, Bettiah, West Champaran in connection with Yogapatti (Sanichari) P.S. Case No. 16 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

Patna High Court CR. MISC. No.23666 of 2022(5) dt.29-09-2022 3/3 A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U T