Rajeev Kumar @ Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32855 of 2022 Arising Out of PS. Case No.-266 Year-2021 Thana- NAUTAN District- West Champaran ====================================================== RAJEEV KUMAR @ PRAMOD KUMAR S/o Sri Fulena Patel Resident of Village- Khadda, Pokhra Tola, P.S.- Nautan, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Nautan P.S. Case No. 266 of 2021 registered for the offence under Section 366-A/34 of the Indian Penal Code and Section 8 of the POCSO Act.

The accused/petitioner is named in the F.I.R. and is in custody since 08.02.2022.

The allegation against the petitioner is to kidnap the minor daughter of the informant, aged about 15 1⁄2 years for the

Patna High Court CR. MISC. No.32855 of 2022(3) dt.12-12-2022 2/3 purpose of illicit intercourse.

Learned counsel appearing on behalf of the petitioner submitted that the petitioner was falsely implicated in this case out of failed love affairs. It is further submitted that victim negates the allegation of sexual assault against this petitioner, while recording her statement under Section 164 of the Cr.P.C., rather stated that she solemnized her marriage with petitioner out of own sweet will, when she was ousted from house by her step mother. While concluding the argument, it has been submitted that investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, duly assisted by learned counsel for the informant opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as victim negates the allegation of sexual assault through her statement recorded under Section 164 of the Cr.P.C. against this petitioner coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Nautan P.S. Case No. 266 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.32855 of 2022(3) dt.12-12-2022 3/3 satisfaction of learned Additional Sessions Judge-VI-cumSpecial Judge, under POCSO Act, West Champaram at Bettiah/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Archana/- U T