Ratnesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30784 of 2024 Arising Out of PS. Case No.-400 Year-2023 Thana- GORAUL District- Vaishali ====================================================== Ratnesh Kumar S/o Lakhindra Ray R/o vill - Kaila Jalalpur, P.S. - Goraul (Katahara O.P.), Distt. - Vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rani Kumari W/o Vikram Kumar R/o vill - Kaila Jalalpur, P.S. - Goraul (Katahara O.P), Distt.- Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pranav Kumar, Adv.

Mr.Rajeev Ranjan No. II, Adv.

Smt.Priyanka Kumari, Adv.

Kumari Rupa, Adv.

For the Opposite Party/s :

Ms.Usha Kumari 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 376(D), 509 of the IPC, sections 4, 8, 12 of the POCSO Act and sections 3(i)(r)(s) of SC/ST Act. 3.

Allegedly, one Sonu Kumar in association with other coaccused took the informant towards a field and forcefully established physical relationship with her and on objection, they threatened to kill her. When the informant's father went to complain in the house of Sonu Kumar, the parents of Sonu Kumar abused by taking his caste name.

4.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.30784 of 2024(2) dt.19-07-2024 2/2 petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The specific allegation is against the co-accused Sonu Kumar and Vishal Kumar. Petitioner has no criminal antecedent and two similarly situated co-accused have been granted anticipatory bail by this Court vide order dated 12.03.2024 passed in Cr. Misc. No.11987 of 2024. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Goraul (Katahara O.P) P.S. Case No.400/2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T