Patna High CourtCR. MISC./43636/2023bail granted

Rajneesh Kumar v. The State Of Bihar

2023-07-24Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43636 of 2023 Arising Out of PS. Case No.-285 Year-2022 Thana- KARPI District- Jehanabad ====================================================== Rajneesh Kumar Son of Dinesh Ram Resident of Village Nagra P S Karpi, Dist- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shekhar Kumar Singh, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-07-2023

1. Having considered the prayer made by the learned counsel for the petitioner, he is permitted to make necessary correction in the first paragraph of the petition in the course of the day.

2. Heard learned counsel for the petitioner and the learned APP for the State.

3. Petitioner seeks regular bail in connection with Karpi P.S. Case No. 285 of 2022 dated 17.11.2022 corresponding to POCSO Case No. 118 of 2022 registered for the offences punishable under Sections 366(A)/34, 376 of the Indian Penal Code and Section 4 of the POCSO Act.

4. The main submissions advanced by the learned counsel for the petitioner are that the so-called victim has been recovered and petitioner's trial has started and the charges have

Patna High Court CR. MISC. No.43636 of 2023(2) dt.24-07-2023 2/2 been framed upon him and the allegations levelled against him in the FIR are totally false and the same have been falsified by the victim herself as she did not make any allegation against this petitioner in her statement recorded under section 164 of Cr.P.C. and she accepted her love affair with this petitioner in her statement. Further submissions are that the petitioner has no criminal antecedent and he has been languishing in jail since 21.02.2023.

5. Learned APP appearing for the State opposes the bail prayer.

6. Having regard to the facts and circumstances of this case and considering the above submissions, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail in connection with Karpi P.S. Case No. 285 of 2022 corresponding to POCSO Case No. 118 of 2022 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Rajiv/- U T