Rajeev Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33803 of 2024 Arising Out of PS. Case No.-165 Year-2023 Thana- CHORAUT District- Sitamarhi ====================================================== Rajeev Ram Son of Dukhi Ram Resident of Village -Diwari, P.S.- Sursand, District - Sitamarhi, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Thakur, Advocate For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-05-2024 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 Choraut P.S. Case No. 165 of 2023 dated 25.11.2023 registered for the offences punishable under Sections 363, 365 and 366A read with 34 of the Indian Penal Code and Section 10 of the POCSO Act.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor daughter of the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Learned counsel has submitted that the victim in her

Patna High Court CR. MISC. No.33803 of 2024(2) dt.13-05-2024 2/2 statement recorded u/s 164 of the Cr.P.C. has not made any allegation against the petitioner. Learned counsel has further submitted that the victim was not forced to have illicit intercourse with another person. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. It is further submitted that the informant has earlier filed a case against the petitioner for kidnapping the same victim in which police has filed final form. The petitioner is in custody since 30.12.2023.

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, Sitamarhi in connection with Choraut P.S. Case No. 165 of 2023.

7. The application stands allowed.

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