Rupesh Harijan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44807 of 2024 Arising Out of PS. Case No.-261 Year-2023 Thana- SANOKHAR District- Bhagalpur ====================================================== Rupesh Harijan Son Of Bahadur Harijan Village- Bhuwabe, P.S.- Sanokhar, Distt.- Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Chandrabhushan Ram Son Of Tajnarayan Ram Village- Arar, P.S.- Sanokhar, Distt.- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sanokhar P.S. Case No. 261 of 2023 dated 20.10.2023 registered for the offences punishable under Section 366 A/34 of the Indian Penal Code and Section 8 of the POCSO Act.

3. As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence. He has been falsely implicated in this case. As per the impugned order, the victim girl was recovered and her statement was recorded u/s 164 of the

Patna High Court CR. MISC. No.44807 of 2024(2) dt.15-07-2024 2/2 Cr.P.C. in which she has stated that she went with the petitioner Rupesh Harijan and she solemnized with him and since then she is living with him. She has not raised any finger against the petitioner for any overt act. It is further submitted by learned counsel for the petitioner that the victim girl is presently residing in her matrimonial house. The petitioner has a clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 02.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the victim girl is minor.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhagalpur in connection with Sanokhar P.S. Case No. 261 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) lata/- U T