Harichandra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33259 of 2020 Arising Out of PS. Case No.-2 Year-2020 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== HARICHANDRA RAM S/O Dular Ram R/O Village Kanpur, P.S. Durgawati, District Kaimur at Bhabua.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks. The petitioner is apprehending his arrest in a case registered under Sections 341, 366A, 342, 354(B), 376/34 of the Indian Penal Code and 4 & 10 of POCSO Act.

The prosecution story in brief is that on the alleged date of occurrence, the daughter of the informant went to attend the call of nature but did not return till 8 P.M. After returning, she informed that she was kidnapped by the petitioner along with one Jamidar Ram. She was taken to another village and was raped. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner

Patna High Court CR. MISC. No.33259 of 2020(2) dt.25-02-2021 2/2 has been made accused in the present case due to mistake of fact. The victim has filed an affidavit vide Annexure-2 to the present application in the court below wherein she states that she has solemnized marriage with the petitioner and is living with him. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount to the satisfaction of learned Additional District & Sessions Judge-Ist-cumSpecial Judge, Kaimur at Bhabua in connection with Durgawati P.S. Case No. 02 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T