Patna High CourtCR. MISC./43060/2021disposed

Pradeep Lal Rai v. The State Of Bihar

2022-03-10Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43060 of 2021 Arising Out of PS. Case No.-6 Year-2020 Thana- KASBA District- Purnia ====================================================== PRADEEP LAL RAI Son of Keshar Lal Rai Resident of Village - Kusaha, P.S.- Kasba, District - Purnia.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhola Prasad For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-03-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner, who is in custody since 03.02.2020, seeks regular bail in connection with Kasba P.S. Case No. 06 of 2020 registered for offences punishable under Sections 366, 366(A) of the Indian Penal Code and subsequently Section 4 of the POCSO Act and 376 of the Indian Penal Code has been added. Allegation in the F.I.R. is that petitioner along with the other accused persons committed rape and also threatened to kill her. Victim has supported the factum of allegation in her statement under Section 161 Cr.P.C. as well as Section 164 Cr.P.C.

Patna High Court CR. MISC. No.43060 of 2021(3) dt.10-03-2022 2/2 Learned counsel appearing on behalf of the petitioner submits that both the parties have now entered into compromise and do not want to pursue with the case.

Considering the aforesaid fact, the Court below is directed to take the statement of the victim girl and all the necessary witnesses, the Court below without being prejudiced with its earlier order dated 02.06.2021, shall pass a fresh order on the basis of material available on record and the statement recorded of all the evidence on record before him pass a fresh order.

Accordingly, the present bail application is disposed of.

(Purnendu Singh, J) Niraj/- U T