Ranjeet Kushwaha @ Vishal Ranjeet Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37811 of 2020 Arising Out of PS. Case No.-144 Year-2020 Thana- RAMNAGAR District- West Champaran ====================================================== RANJEET KUSHWAHA @ VISHAL RANJEET KUSHWAHA, Son of Mithilesh Kushwaha, Resident of Village- Pipra Murali Ward No. 02, P.S.- Shikarpur, District- West Champaran.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Brij Kishor Mishra, Advocate.

For the Opposite Party :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-02-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

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

The petitioner seeks bail in a case for the offence registered under Sections 363, 366(A)/34 of the I.P.C and 8 of the POCSO Act.

The prosecution story, in brief, is that on 16.04.2020, the petitioner and other enticed away the minor daughter of the informant.

It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 16.07.2020. The

Patna High Court CR. MISC. No.37811 of 2020(2) dt.05-02-2021 2/2 petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The victim girl is said to have been recovered. The statement of the victim has been recorded under Section 164 Cr. P.C. As per her statement, she had left the house out of her own will. There is a delay of 20 days in institution of the F.I.R., which has not been satisfactorily explained by the prosecution.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Ist Additional District & Sessions Judge-cum-Special Judge (POCSO), Bettiah, West Champaran, in connection with Ramnagar P.S. Case No. 144 of 2020. (Sudhir Singh, J) U.K./- U T