Pappu Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36290 of 2020 Arising Out of PS. Case No.-14 Year-2020 Thana- HARINMAR District- Munger ====================================================== 1.

PAPPU RAJAK Son of Chedi Rajak, Resident of Jhauwa Bahiyar, P.S.- Harinmar, District - Munger 2.

Suman Rajak Son of Lalan Rajak, Resident of Jhauwa Bahiyar, P.S.- Harinmar, District - Munger 3.

Uday Rajak Son of Bahadur Rajak, Resident of Jhauwa Bahiyar, P.S.- Harinmar, District - Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Manoj Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-04-2021 Heard both sides through Video Conferencing.

The petitioners apprehend their arrest in Harinmar P.S. Case No.14 of 2020 registered under Sections 366A, 506 and 34 of the Indian Penal Code and under Section 8 of the POCSO Act.

The informant alleged that the petitioners and others kidnapped his daughter aged about 12 years.

Learned counsel for the petitioners submits that the occurrence is said to have taken place on 29.06.2020 but the F.I.R. was lodged after two days of the occurrence. It is further submitted that the victim made her statement under Section 164

Patna High Court CR. MISC. No.36290 of 2020(2) dt.08-04-2021 2/2 of the Cr.P.C. The victim did not disclose the names of the petitioners rather the victim disclosed that she voluntarily left the house along with Krishna. Nobody kidnapped her. Having considered the fact that the victim did not disclose the names of the petitioners in her statement under Section 164 of the Cr.P.C., the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge VI-cumExclusive Special Court (POCSO Act), Munger in connection with Harinmar P.S. Case No.14 of 2020, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T