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Patna High CourtCR. MISC./33130/2020bail granted

Jitendra Ram v. The State Of Bihar

2020-12-14Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33128 of 2020 Arising Out of PS. Case No.-99 Year-2019 Thana- MAINATAND District- West Champaran ====================================================== JITENDRA RAM Son of Late Sitam Ram Resident of Village - Rampurwa, P.S.- Maqinatand, Distt.- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 33130 of 2020 Arising Out of PS. Case No.-97 Year-2019 Thana- MAINATAND District- West Champaran ====================================================== JITENDRA RAM Son of Late Sitam Ram Resident of Village - Rampurwa, P.S.- Mainatand, Distt.- West Champaran.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 33128 of 2020) For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Parmanand Kumar (APP) (In CRIMINAL MISCELLANEOUS No. 33130 of 2020) For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Parmanand Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-12-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. These applications for grant of regular bail arises out of Mainatand P.S. Case No. 97 of 2019 and Mainatand P.S. Case No. 99 of 2019 registered for the offences punishable under Sections 341, 504, 354, 506, 364, 366A/34 of the Indian Penal

Patna High Court CR. MISC. No.33128 of 2020(2) dt.14-12-2020 2/3 Code and Section 7 of the POCSO Act.

Both the applications seeking regular bail, have been filed by the same petitioner.

Cr. Misc. No. 33130 of 2020 arises out of Mainatand P.S. Case No. 97 of 2019 registered by the alleged victim on 20.11.2019, in respect of alleged occurrence of 11.11.2019, complaining therein that the petitioner and a co-accused had outraged her modesty. Cr. Misc. No. 33128 arises out of Mainatand P.S. Case No. 99 of 2019 registered on 24.11.2019 by the father of the informant of Mainatand P.S. Case No. 97 of 2019 alleging kidnapping of his minor daughter by the petitioner and a co-accused, for marriage.

Learned counsel appearing on behalf of the petitioner has at the outset drawn my attention to statement of the alleged victim, who is informant of Mainatand P.S. Case No. 97 of 2019, recorded under Section 164 of Cr.P.C., to contend that the entire case of the prosecution stands belied and as a matter of fact, the alleged victim, who is a major, has admitted her marriage with the petitioner, in her statement. On perusal of the statement of the alleged victim, recorded under Section 164 of the Cr.P.C., I find substance in submission made on behalf of the petitioner.

Patna High Court CR. MISC. No.33128 of 2020(2) dt.14-12-2020 3/3 These applications are accordingly allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Bettiah, West Champaran, in Mainatand P.S. Case No. 97 of 2019 and Mainatand P.S. Case No. 99 of 2019.

(Chakradhari Sharan Singh, J) AKASH/- U T