Ranvijay Kumar Chandravanshi @ Ranjit @ Ranvijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38606 of 2022 Arising Out of PS. Case No.-33 Year-2022 Thana- NARALI KALA KHURD DistrictAurangabad ====================================================== Ranvijay Kumar Chandravanshi @ Ranjit @ Ranvijay Kumar Son of Prahlad Singh @ Prahalad Chandravanshi R/o Sohda, P.S.- Nararikala Khurd, District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 02-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Narari Kala Khurd P.S. Case No. 33 of 2022 registered for the offence under Sections 366(A), 379, 120(B) and 34 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 21.04.2022.

The allegation against the petitioner is to kidnap the minor daughter of the informant for the purpose of illicit intercourse.

Patna High Court CR. MISC. No.38606 of 2022(3) dt.02-11-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that the petitioner has been falsely implicated in this case due to neighbourhood disputes and differences, as petitioner having love affairs with the victim. It is further submitted that present F.I.R. was lodged after one month of occurrence without any just explanation further suggests false implication. It is submitted that statement of victim, as recorded under Section 164 of the Cr.P.C. is not suggesting anything as regard to sexual assault, whereas during the course of investigation, while recording her statement under Section 161 of the Cr.P.C., the victim stated that she solemnized her marriage with petitioner out of her own will.

It is further submitted that though victim is appearing minor, as per school certificate but as per medical examinations report, she is about 18 years. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as allegation of sexual assault is not available against this

Patna High Court CR. MISC. No.38606 of 2022(3) dt.02-11-2022 3/3 petitioner, as per statement of victim recorded under Section 164 of the Cr.P.C. coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Narari Kala Khurd P.S. Case No. 33 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judgecum-Special Exclusive Judge (POCSO), Aurangabad/concerned court, subject to the conditions as mentioned under Section 437

(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) pooja/- U T