Ravishankar Ramani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32958 of 2022 Arising Out of PS. Case No.-177 Year-2022 Thana- CHANPATIA District- West Champaran ====================================================== RAVISHANKAR RAMANI Son of Narayan Ramani Resident of Village - Domuhan, P.S.- Mohanpur, Distt.- Deoghar (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Avinash, Advocate For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Chanpatiya PS case no. 177 of 2022 instituted for the offences punishable under Sections 365, 366/34 of the Indian Penal Code and 8, 12 of POCSO Act.

The allegation is regarding unknown accused persons having kidnapped the victim girl for the purposes of solemnizing her marriage with an unknown person, however, during the course of investigation, it has transpired that the petitioner was instrumental in kidnapping the victim girl. The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in the present case, he is having a clean antecedent and is languishing

Patna High Court CR. MISC. No.32958 of 2022(4) dt.09-01-2023 2/3 in custody since 22.04.2022. The learned counsel for the petitioner, by referring to the statement made by the victim girl under Section 164 Cr.P.C., before the learned Magistrate, has further submitted that the victim girl had voluntarily gone to the house of her friend namely Payal @ Babita Devi along with the petitioner, however, she has not alleged any untoward incident to have been committed by anyone and has merely stated that after staying at the house of Payal for sometime, she had returned back to her house, whereafter, she came to know that her parents had filed a criminal case.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the victim girl, in her statement made under Section 164 Cr.P.C., before the learned Magistrate, has not alleged any untoward incident to have taken place, whereas, on the contrary, she has stated that she had voluntarily gone with her friend to her house after her mother had reprimanded her, I deem it fit and appropriate to enlarge the petitioner on bail.

Patna High Court CR. MISC. No.32958 of 2022(4) dt.09-01-2023 3/3 Accordingly, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, Bettiah in connection with Chanpatiya PS case no. 177 of 2022.

(Mohit Kumar Shah, J) rinkee/- U T