Sanjay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49397 of 2021 Arising Out of PS. Case No.-31 Year-2020 Thana- NAYAGAON District- Begusarai ====================================================== SANJAY RAI Son of Shri Ram Uday Rai Resident of Village - Mathar, P.S.- Nayagaon, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh, Advocate.

For the Opposite Party/s :

Mr.Arun Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-04-2022 Heard the parties in virtual Court.

Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course.

The petitioner seeks regular bail in connection with Nayagaon P.S. Case No. 31 of 2020 for the offence punishable under Sections 363 and 366A/34 of the Indian Penal Code and Section 4 of the POCSO Act. Later on Section 376/34 was also added.

The prosecution story, in brief, is that the petitioner along with other accused persons kidnapped the minor granddaughter of the informant, aged about 15 years. Learned counsel appearing on behalf of the petitioner submits that by Annexure-2 series, he has brought on record the

Patna High Court CR. MISC. No.49397 of 2021(2) dt.15-04-2022 2/3 deposition made by the informant as well as the victim girl. The grand-father of the victim girl is the informant of the present case and in his deposition, he has made statement that the victim was taken away by this petitioner along with co-accused Akash and Chandan. The victim returned back and no allegation of any physical assault or sexual assault has been alleged against the petitioner. To above effect, the informant has made his deposition on 11.12.2020. The victim in her deposition dated 11.01.2021 has also stated that she had gone to her paternal aunt at Simaria and returned back after 15 days. She has not made any allegation against the present petitioner of any physical assault or sexual assault. Petitioner is in custody since 08.12.2020.

Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Taking into consideration the deposition made by the victim girl, wherein she has not made any specific allegation against the petitioner, the petitioner, above named, who is in custody since 08.12.2020, is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge-VI cum

Patna High Court CR. MISC. No.49397 of 2021(2) dt.15-04-2022 3/3 Special Judge, POCSO, Begusarai in connection with Nayagaon P.S. Case No. 31 of 2020, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) mantreshwar/- U T