Raj Kishore Kumar @ Raj Kishore Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47021 of 2024 Arising Out of PS. Case No.-55 Year-2024 Thana- SIKTA District- West Champaran ====================================================== Raj Kishore Kumar @ Raj Kishore Singh Son Of Shivnath Kunwar @ Mahanth Kunwar Village- Shikarpur Ward No. 06, P.S.- Sikta, Distt.- West Champaran.
... ... Petitioner/S
Versus
1.
The State Of Bihar 2.
Pawan Kumar Son Of Bir Bahadur Singh (Prayas Sanstha, Bettiah), R/OVillage- Shripur, P.S.- Sugaulli, Distt.- East Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Kishor Mishra, Adv.
For the Informant :
Mr. Vatsal Verma, Adv. with Ms. Bindita Chaturvedi, Adv.
For the Opposite Party/s :
Mr. J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 370 and 374 of the Indian Penal Code, Section 14(1) of the Child Labour (Prohibition and Regulation) Act and Sections 12 and 14 of the POCSO Act, registered in connection with Sikta P.S. Case No. 55 of 2024.
3. As per prosecution case, the informant who was a member of raiding party against the Child Labour and Human Trafficking along with other organizations constituting a joint
Patna High Court CR. MISC. No.47021 of 2024(3) dt.25-09-2024 2/3 team and made a raid upon orchestra, namely, Pinki Orchestra Musical Group and got rescued two children from the petitioner's custody, who were minor girl. The petitioner is the proprietor of the said Orchestra Group and when the informant ask from him, he did not give satisfactory reply regarding performing dance in his orchestra by minor girls.
4. The learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case and has committed no offence. The statement of the victim has been recorded under Section 164 of the Cr.P.C. in which she did not make any allegation against the petitioner. She further stated that she was working in an Orchestra for earning her bread. There is no allegation of immoral or indecent act against the petitioner. Petitioner is in custody since 25.04.2024.
5. Learned APP for the State has opposed the prayer of bail.
6. Considering the above facts and circumstances of the case, let the petitioner, above-named, 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 District and Sessions Judge-VII-cum-Special Judge, POCSO, Bettiah, West Champaran in connection with Sikta
Patna High Court CR. MISC. No.47021 of 2024(3) dt.25-09-2024 3/3 P.S. Case No. 55 of 2024, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court. (Nawneet Kumar Pandey, J) Arish/- U T