Ranjesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1375 of 2021 Arising Out of PS. Case No.-29 Year-2020 Thana- TRIVENIGANJ District- Supaul ====================================================== Ranjesh Yadav, Male, aged about 26 years, son of Hareram Yadav, Resident of Village- Bhatrandha, P.S.- Ghailarh, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha, Advocate For the State :

Mr.Umanath Mishra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-03-2021 Learned counsel for the petitioner is permitted to remove the defects within four weeks.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Triveniganj P.S. Case No. 29 of 2020 registered for the offences punishable under Section 366A/34 of the Indian Penal Codein which after investigation police submitted charge sheet under Sections 366A, 376 of the I.P.C., Section 4/6 POCSO Act and Section 3(i)(w), 3(2),(va) of SC/ST Act.

One Jai Kant Sardar lodged a written report addressed to S.H.O. Triveniganj P.S. on 02.02.2020 alleging precisely therein inter alia that on 28.12.2012 at about 7.00 A.M. the petitioner along with other accused persons came at the house of

Patna High Court CR. MISC. No.1375 of 2021(2) dt.04-03-2021 2/3 the informant and told him that repairing work of road is going on. The informant replied them that his daughter will go school and she will not go for work then all the accused persons went and sat on Khoriaya Chauk. He further alleged that when Nitu Kumari was going to her school namely Vinoba Middle School at about 10.00 A.M., then all the accused persons taken away his daughter by Bolero Car. The persons who were sitting on Chawk, informed him at his home about the incident. On that information, he along with his brother namely Rajesh Sardar went there then he told them that Ranjesh (petitioner) has taken away her at Saharsa, come and take away her and lastly they tolerated and till today, they did not leave her.

He further alleged that his aughter is minor and she is studying in Class-8. After much effort, kidnapped Nitu Kumari could not relieved therefore he lodged this F.I.R. in belated stage. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. The statement of the victim girl has been recorded under Section 164 Cr.P.C. where the victim girl stated before the learned court below that she is aged about 17-18 years and she herself left the house and went along with the petitioner and performed marriage at Matheshwar temple and living as husband and wife.

Patna High Court CR. MISC. No.1375 of 2021(2) dt.04-03-2021 3/3 The doctor examined the victim girl and found no any sign of rape on her body and her age was assessed as 16-18 years. Learned A.P.P. for the State opposed the bail petition. In the facts and circumstances of the case, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of learned A.C.J. 1st -Cum-Special Judge, Supaul in connection with Triveniganj P.S. Case No. 284 of 2020.

(Anjani Kumar Sharan, J) Nasimul/- U T