Ranjeet Chauhan @ Ranjeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30033 of 2020 Arising Out of PS. Case No.-10 Year-2019 Thana- NARDIGANJ District- Nawada ====================================================== Ranjeet Chauhan @ Ranjeet Kumar Son of Shiv Shankar Chauhan Resident of Village- Tilak Chak, P.S.- Nardiganj, District- Nawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bharat Lal, Adv.
For the Opposite Party/s :
Mr.Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.
11-01-2021 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.
The petitioner seeks bail in Spl. (POCSO) Case No. 5 of 2019, arising out of Nardiganj P.S. Case No. 10 of 2019, registered for the offence punishable under Section 363 of the I.P.C., later on Sections 376(AB), 377, 302, 201 of the I.P.C. were added and Sections 4/6 of the POCSO Act. As per the prosecution case, daughter of the informant namely Rita Kumari, aged about nine years, became traceless on 08-01-2019 and in spite of hectic search, she was not found.
It is submitted on behalf of petitioner that petitioner is not named in the F.I.R. and he has been made accused only on suspicion. It is further submitted that during course of investigation, neither the informant nor his wife has whispered a single word against this petitioner. It is further submitted that
Patna High Court CR. MISC. No.30033 of 2020(3) dt.11-01-2021 2/2 charge has already been framed and five witnesses have been examined. Petitioner is in custody since 13-01-2019, having no criminal antecedent, as per stated made in paragraph - 3 of the petition.
Considering the aforesaid facts and circumstances, the bail application of petitioner is allowed. Let the above-named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge cum Special Judge (POCSO Act), Nawada in connection with Special (POCSO) Case No. 5 of 2019, arising out of Nardiganj P.S. Case No. 10 of 2019, on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.".
(Prabhat Kumar Singh, J.) anay/- U T