Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42206 of 2021 In CRIMINAL APPEAL (SJ) No.77 of 2021 Arising Out of PS. Case No.-124 Year-2020 Thana- ROHTAS District- Rohtas ====================================================== Suraj Kumar Son of Laxman Rajbanshi Resident of Village - Banjari, P.S.- Rohtas, District - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sada Nand Roy For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-01-2022 Heard both parties.

The petitioner seeks bail in Rohtas P.S. Case No. 124 of 2020 corresponding to POCSO Case No. 47 of 2020, registered for the offence punishable under Sections 365, 366(A), 370(A), 376(D), 120(B)/34 of the Indian Penal Code, section 4(2)(6) of the POCSO Act, section 3(2)(V) of the SC/ST Act and section 9/10/11 of the Children Marriage Act. As per the prosecution case, all the FIR named accused persons kidnapped the minor daughter of informant. It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. Petitioner is not named in the FIR. During course of investigation, name of this petitioner has come in this case in statement of victim girl

Patna High Court CR. MISC. No.42206 of 2021(9) dt.03-01-2022 2/2 recorded under Section 161 Cr.P.C, but the victim girl has not taken the name of this petitioner as kidnapper in her statement under Section 164 Cr.P.C. Petitioner is in custody since 24.07.2020 having clean antecedent.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge I, Rohtas at Sasaram in connection with Rohtas P.S. Case No. 124 of 2020. (Prabhat Kumar Singh, J) vinita/- U T