Chhotu Ray @ Sushant Ray @ Chhutu Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 31404 of 2024 Arising Out of PS. Case No.-1324 Year-2023 Thana- KAHALGAON District- Bhagalpur ====================================================== Chhotu Ray @ Sushant Ray @ Chhutu Ray Son Of Nawal Kishore Ray @ Nawal Ray Resident Of Village- Ntpc, Road Shyampur, Ps- Sultan Ganj, DistBhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ms. Xxx ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Adv.

For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-07-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner apprehends his arrest in connection with Kahalgaon P.S. Case No. 1324 of 2023 registered under Sections 363, 366(A) of the Indian Penal Code and Section 8 of the POCSO Act.

3. As per prosecution case, on 25.11.2023, the minor daughter of the informant went to attend the tuition class but she did not return. During course of search, the informant came to know that this petitioner and others kidnapped his minor daughter.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case due to village politics. Further

Patna High Court CR. MISC. No. 31404 of 2024(3) dt.22-07-2024 2/2 submission is that the victim in her statement recorded under Section 164 Cr.P.C. has clearly stated that she herself went to Railway Station, Kahalgaon and called this petitioner and thereafter, both of them went to Supaul, where they solemnized marriage. The age of the victim has been insisted 17 years 6 months at the time of occurrence and was on the verge of majority. It is also submitted that petitioner claims clean antecedent.

5. Having considered the facts and circumstances of the case as well as the statement of the victim recorded under Section 164 Cr.P.C., let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional District Judge-VII-cum-Special Judge, POCSO Court, Bhagalpur in connection with Kahalgaon P.S. Case No. 1324 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Singh, J) utkarsh/- U T