Patna High CourtCR. MISC./30337/2024bail granted

Ajay Rajvanshi v. The State Of Bihar

2024-04-24Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30337 of 2024 Arising Out of PS. Case No.-35 Year-2024 Thana- ATRI District- Gaya ====================================================== Ajay Rajvanshi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aryan Singh, Adv.

For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 24-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Atri P.S Case No. 35 of 2024 registered for the offences punishable under Sections 363, 366(A) of the Indian Penal Code and Section 4/6 of the POCSO Act.

3. As per prosecution case, it is a case of abduction of the minor daughter of the informant.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that petitioner has no criminal antecedent. It is also submitted that petitioner is in judicial custody since 08.02.2024.

Patna High Court CR. MISC. No.30337 of 2024(2) dt.24-04-2024 2/2

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and statements under Section 161 and 164 of the Cr.P.C it appears that victim has gone with the petitioner on her own will and in the statement of the victim there is no allegation of the sexual assault against the petitioner and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, POCSO, Gaya in connection with Atri P.S Case No. 35 of 2024.

(Ramesh Chand Malviya, J) Mayank/- U T