Roshan Kumar @ Roshan Ram @ Raushan Kumar @ Raushan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27965 of 2023 Arising Out of PS. Case No.-28 Year-2023 Thana- SUPPI District- Sitamarhi ====================================================== Roshan Kumar @ Roshan Ram @ Raushan Kumar @ Raushan Ram Son of Late Ramadhar Ram R/V- Ratanpur Ps- Majorganj, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-05-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

Petitioner seeks regular bail in connection with Suppi P.S. Case No. 28 of 2023 dated 03.02.2023 registered for the offences punishable under Sections 363 and 366(A)/34 of Indian Penal Code and Section 8 of POCSO Act.

3.

The main submissions advanced by learned counsel for petitioner are that the petitioner is a young person having fair and clean antecedent and has been languishing in jail since 11.02.2023 and against him the investigation has been completed and the allegation levelled against the petitioner in the FIR is totally false, in-fact the so-called victim went to Delhi alone as her mother assaulted and scolded her and the said fact has been stated by the victim before the Judicial Magistrate

Patna High Court CR. MISC. No.27965 of 2023(2) dt.24-05-2023 2/2 while recording her statement under Section 164 of Cr.P.C. and the same finds place in the order impugned also and in view of the facts revealed by the victim before Judicial Magistrate, no offence as alleged in the FIR is made out against this petitioner. 4.

Learned APP for the State opposes the bail prayer of the petitioner.

5.

Considering the above submissions and mainly the petitioner's young age as well as his fair and clean antecedent and the recovery of the victim and also the victim's statement recorded under Section 164 of Cr.P.C. as discussed in the order impugned which goes against the allegations levelled in the FIR, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named above 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 concerned Court in connection with Suppi P.S. Case No. 28 of 2023.

(Shailendra Singh, J) Shahnawaz/- U T