Raman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45179 of 2023 Arising Out of PS. Case No.-38 Year-2023 Thana- SAKRA District- Muzaffarpur ====================================================== Raman Kumar Son of Mahesh Sah Resident of village - Bahudurpur, P.S. - Sakra (Bariyarpur O.P.), Distt. - Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Sakra P.S. Case No. 38 of 2023 registered for the offence punishable under Sections 363, 365 / 34 of the Indian Penal Code and Section 4 of POCSO Act.

3. As per prosecution case, the daughter of the informant aged about 17 years went for coaching but did not return home. The co-accused Ram Babu Pandit and the petitioner used to talk with the victim and the suspicion is that they kidnapped his daughter.

4. Learned counsel for the petitioner submits that petitioner is innocent, committed no offence and has falsely been implicated in this case. He further submits that F.I.R. was lodged after 13 days delay of the alleged occurrence. There is no

Patna High Court CR. MISC. No.45179 of 2023(2) dt.30-08-2023 2/2 specific allegation against the petitioner, the allegation is general and omnibus in nature. In the statement made by the victim she has made the specific allegation against the coaccused Rahul Sharma who had taken the victim to Bengaluru and married with her. There is no allegation of overt act against the petitioner. Petitioner is a student of Intermediate and he has no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of the learned Additional District and Sessions Judge-6-cum-Special Judge POCSO, I, Muzaffarpur in connection with Sakra P.S. Case No. 38 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) shweta/- U T