Patna High CourtCR. MISC./34888/2021bail granted

Rajen Kumar @ Rajendra Kumar Rahul v. The State Of Bihar

2021-09-07Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34888 of 2021 Arising Out of PS. Case No.-839 Year-2020 Thana- MADHEPURA District- Madhepura ====================================================== RAJEN KUMAR @ RAJENDRA KUMAR RAHUL Son of Shri Kailash Yadav Resident of Village-Bhadoul, Ward No.-6, Police Station and DistrictMadhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Durgesh Kumar For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-09-2021 This matter is taken up for consideration through Video Conferencing.

Heard both parties.

The petitioner seeks bail in Madhepura (Bharrahi OP) P.S. Case No. 893 of 2020 (POCSO 40/2020), registered for the offence punishable under Sections 363, 366A/34 of the Indian Penal Code and section 4 of the POCSO Act.

As per the prosecution case, this petitioner along with other FIR named accused persons and 4-5 unknown persons kidnapped the minor daughter of informant.

It is submitted on behalf of the petitioner that no such occurrence has taken place and the victim girl in her statement under Section 164 Cr.P.C has clearly stated that she went along

Patna High Court CR. MISC. No.34888 of 2021(2) dt.07-09-2021 2/2 with this petitioner for shopping and she was not kidnapped by anyone and has stated her age to be 19 years. Petitioner is in custody since 06.11.2020 having clean antecedent. In view of statement of victim girl under Section 164 Cr.P.C, the petitioner above-named, is directed to 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 learned Special Judge (POCSO Act), Madhepura in connection with Madhepura (Bharrahi) P.S. Case No.

839 of 2020 (POCSO 40/2020), subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below. (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.