Ranjan Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51825 of 2021 Arising Out of PS. Case No.-16 Year-2021 Thana- TANDWA District- Aurangabad ====================================================== Ranjan Verma Son Of Ram Lakhan Verma Resident Of Village - Takiya Sawano, P.S.- Hussainabad, Distt.- Palamu (Jharkhand). ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ful Man Singh For the Opposite Party/s :

Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Tandwa P. S. Case No.16 of 2021, instituted for the offences under Sections 366(A), 376, 120(B) of the Indian Penal Code, Section 3/4 of the D.P. Act and Section 4 of the POCSO Act. The learned counsel for the petitioner submits that the petitioner is in custody since 09.07.2021, he is a person with clean antecedent and charge-sheet has been submitted in the case.

The learned counsel for the petitioner submits that the informant alleges that petitioner and the victim were in love and on promise of marriage, the petitioner entered into the physical relation for seven years and thereafter, the victim was kidnapped on 20.08.2020 and petitioner raped her for 10 days with the help of Ganga Chacha.

Patna High Court CR. MISC. No.51825 of 2021(4) dt.03-03-2022 2/3 The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. From perusal of the allegation as alleged, it would manifest that the date of occurrence is 20.08.2020, a complaint petition came to be filed on 06.01.2021 i.e. after nearly more than four months and thereafter based on the complaint, the present F.I.R. was instituted on 04.03.2021.

The learned counsel submits that had the victim been kidnapped on 20.08.2020 as alleged in the F.I.R., then definitely the informant would reach to the police station for instituting an F.I.R. The learned counsel further submits that the parties have compromised and a compromise petition has been filed in the learned Court below. The learned counsel further submits that the petitioner and the victim were in love and the victim was assessed by a medical board to be in between 17-19 years and as such, the victim had reached the age of discretion where she was free to take a decision, but the relationship was being objected by her family members as a result of which, the present false case came to be instituted after such a delay for which there is no plausible explanation.

The learned counsel for the petitioner further submits that petitioner is a student of B. Sc. (Nursing) and is presently

Patna High Court CR. MISC. No.51825 of 2021(4) dt.03-03-2022 3/3 pursuing his study from Nilamber and Pitamber, Palamau, Jharkhand and if bail is not granted to the petitioner, his entire career would be jeopardized when the relationship was consensual.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody, he is a person with clean antecedent, charge-sheet has been submitted in the case and the case came to be instituted after an inordinate delay without any plausible explanation and taking into consideration the submissions made by the learned counsel for the petitioner, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge- VIth- cum- Special Exclusive Judge (POCSO), Aurangabad in connection with Tandwa P. S. Case No.16 of 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T