Rahul Ranjan @ Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29606 of 2022 Arising Out of PS. Case No.-83 Year-2022 Thana- WAJIRGANJ District- Gaya ====================================================== Rahul Ranjan @ Sonu Kumar, Son of Upendra Kumar Yadav, Resident of Village - Jamuaon, Tikarpar, P.s.- Wazirganj, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Anand, Advocate For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. Let the defect(s), if any, as pointed out by the office be removed within four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Wazirganj P.S. Case No. 83 of 2022 registered for the alleged offences under Sections 363, 366 (a)/34 of the Indian Penal Code and Section 8 of POCSO Act. As per prosecution case, the minor daughter of the informant went missing and on inquiry, the informant came to know that the petitioner and the co-accused took her away giving inducement.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.29606 of 2022(4) dt.23-09-2022 2/3 victim girl as well as her mother, her aunt and her father have been examined before the learned trial court and none of them have supported the prosecution case. They have stated in unison that the victim girl went on her own to fetch medicine for her mother and she went alone to Nawada. The victim girl was examined and her medical report also shows no signs of any sexual activity. Further learned counsel submits that the victim girl has given a different statement when her statement was recorded but even then she stated about going with the petitioner out of her sweet will. The petitioner is in custody since 23.02.2022.

Learned A.P.P. opposes the prayer for bail.

Having regard to the facts and circumstances and submissions made hereinabove and considering the denial of the victim girl as well as her family members in their deposition before the learned trial court absolving the petitioner of any wrongful activity and also considering the period of custody of the petitioner, he is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, POCSO-cum- Additional District Judge-VI, Gaya, in connection with Wazirganj P.S. Case No. 83 of 2022, subject to

Patna High Court CR. MISC. No.29606 of 2022(4) dt.23-09-2022 3/3 the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also the following conditions : (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T