Patna High CourtCR. MISC./33146/2024bail granted

Raja Kumar v. The State Of Bihar

2024-05-08Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33146 of 2024 Arising Out of PS. Case No.-248 Year-2023 Thana- RAJAPAKAR District- Vaishali ====================================================== Raja Kumar S/O Kapindra Rai R/O Village- Bakhari Barai, P.S.- Rajapakar, Dist.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Raja Pakar P.S Case No. 248 of 2023 dated 09.07.2023 registered for the offences punishable u/ss 363 and 366A of Indian Penal Code and Sections 7/ 8 of the POCSO Act.

3. As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant by enticing her for the purpose of marriage. On 09.07.2023, when the petitioner brought the victim to his house then the petitioner first wife started making noise.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.33146 of 2024(2) dt.08-05-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. The petitioner has clean antecedent as stated in para 3 of the bail petition. As per medical report, the age of the victim is assessed to be 17-19 years as minor. The victim in her statement recorded u/s 161 Cr.P.C. in which she has stated that she went to Durgapur and solemnized marriage with the petitioner with her own sweet will. The petitioner is in custody since 10.07.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Hajipur, Vaishali in connection with Raja Pakar P.S Case No. 248 of 2023, with further condition: (I) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without

Patna High Court CR. MISC. No.33146 of 2024(2) dt.08-05-2024 3/3 reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T