Rajdev Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42009 of 2024 Arising Out of PS. Case No.-23 Year-2024 Thana- Kumarbagh District- West Champaran ====================================================== Rajdev Yadav S/o- Shankar Yadav Village -Narainapur Yadav Toli PSRamnagar Dist-West Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Jhabulal Gaddi son of Late Bagad Gaddi Village- Ranipur W.No-3, PsKumarbag Dist- West Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prerna Anand For the Opposite Party/s :
Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Kumarbagh (O.P.) P.S. Case No. 23 of 2024 registered for the offence punishable under Section-366A of the Indian Penal Code and 8 of the POCSO Act.
3. Allegedly, on the false pretext of marriage, the informant's daughter was enticed away by the petitioner.
4. Learned counsel for the petitioner has submitted that the victim is major as the learned Magistrate while recording the statement under Section 164 of the Cr.P.C. has assessed her age as 18 years. She did not support the
Patna High Court CR. MISC. No.42009 of 2024(4) dt.01-10-2024 2/2 prosecution case in her statement, recorded u/S 164 of the Cr.P.C. She has stated that she was badly assaulted by her family members and it was the reason, she went Delhi. The petitioner has no concern with the occurrence.
5. On the otherhand, learned counsel appearing for the State has opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances, as also the fact that the victim in her statement recorded u/S 164 of the Cr.P.C. has not supported the allegation, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI, West Champaran in connection with Kumarbagh (O.P.) P.S. Case No. 23 of 2024 with condition that the petitioner shall cooperate with the trial and make himself available as and when required by the court.
(Nawneet Kumar Pandey, J) A.K.V.//- U T