Raj Bali Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41249 of 2022 Arising Out of PS. Case No.-5 Year-2022 Thana- BUDHUCHAK District- Bhagalpur ====================================================== RAJ BALI KUMAR Son of Mangal Mandal Resident of Village- Naya Nagar Ranidiayara, P.S. Budhuchak, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-04-2023 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard learned counsel for the petitioner as well as Sri Shailendra Kumar, the learned APP for the State. In this case, the petitioner is seeking regular bail in connection with Badhuchak P.S. Case No. 5 of 2022, registered for the offences punishable under Sections 376 of the Indian Penal Code and Section 4 of the POCSO Act.

As per allegation, when the informant who is mother of the victim was not present in her house, the petitioner came there and committed rape upon her daughter. The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.41249 of 2022(4) dt.03-04-2023 2/3 that he is innocent and a person of clean antecedent. He is under custody since 12.03.2022. Learned counsel has submitted that as per medical report the age of the victim is 17 years. Though, she is technically minor but she is on the verge of majority. He has further submitted that the act alleged was not coercive it was consensual as there is nothing in the FIR which shows that the alleged victim has opposed the petitioner.

On the other hand, Sri Shailendra Kumar, the learned APP has opposed the prayer for bail and submitted that the victim in her statement recorded under Section 164 of the Cr.P.C. has corroborated the occurrence. She has stated that the accused committed rape upon her and even when she was driving him away, he was not fleeing away.

Considering the clean antecedents as well as the period of detention which is more than a year, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (POCSO)-cumVIIth, Additional District and Sessions Judge, Bhagalpur in connection with Budhuchak P.S. Case No. 5 of 2022, subject to the following conditions:- (i) The petitioner shall physically present on each

Patna High Court CR. MISC. No.41249 of 2022(4) dt.03-04-2023 3/3 and every date of trial till framing of the charges. In case of failure, the learned court below will be at liberty to cancel the bail bond of the petitioner.

(ii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(iii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) SONALI/- U T