Chandrabhushan Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44007 of 2024 Arising Out of PS. Case No.-361 Year-2016 Thana- BUXAR District- Buxar ====================================================== Chandrabhushan Rai Son Of Bhola Rai R/o Village-Lodipur Chak, Pahar, P.S.-Desari, District- Vaishali (Hazipur), Bihar. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Chaturi Prasad Chouhan S/o Late Bhudan Singh R/o Village-Charitra Van Samsan More ward No- 1, P.S.-Buxar(T), District-Buxar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anand Kumar Ojha, Advocate For the Opposite Party/s :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 03-07-2024 Heard Mr. Anand Kumar Ojha, learned Advocate for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail, who is in custody in connection with Buxar (T) P.S. Case No. 361 of 2016, for the offences punishable under Sections 366A, 376 of the Indian Penal Code and Section 4 of the POCSO Act.
3. The prosecution case has been instituted to the effect that, the grand-daughter of the informant was found traceless since 25.06.2016. It is further alleged that on 17.08.2016, the informant received a telephonic message that her grand daughter is somewhere at Ara. Subsequently, one another message was received that the victim is in Delhi. Based
Patna High Court CR. MISC. No.44007 of 2024(2) dt.03-07-2024 2/3 upon the aforesaid facts, the present F.I.R. has been instituted.
4. Learned counsel for the petitioner contended that admittedly, the occurrence took place on 25.06.2016, but surprisingly, the FIR has been instituted on 17.08.2016. During course of investigation, the statement of the victim was recorded under Section 164 of the Cr.P.C, wherein she has categorically stated that she voluntarily went along with the petitioner and she decided to solemnize marriage with him. Taking note of the aforesaid facts, earlier, the petitioner was granted regular bail on 09.01.2018 by the Court below itself, the copy of which has been marked as Annexure-4 to the petition. However, after completion of investigation once the police has submitted charge-sheet and cognizance has been taken for the offences under Sections 366A, 376 I.P.C and Section 4 of POCSO Act, the petitioner himself surrendered and now he is in custody since 16.04.2024.
5. On the other hand, learned APP for the State opposes the bail application and submits that on the alleged date of occurrence, the victim was a minor and as such, the learned Court has rightly taken cognizance for the offences aforenoted.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that earlier the petitioner was all along on bail taking note of the statement of
Patna High Court CR. MISC. No.44007 of 2024(2) dt.03-07-2024 3/3 the victim recorded under Section 164 Cr.P.C, coupled with the fair antecedent, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. VI-Cum-Special court POCSO Act, Buxar in connection with Buxar (T) P.S. Case No. 361 of 2016, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(Harish Kumar, J.) Priyanka /- U T