Rupam Rajak @ Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39783 of 2020 Arising Out of PS. Case No.-14 Year-2020 Thana- HARINMAR District- Munger ====================================================== RUPAM RAJAK @ KRISHNA KUMAR son of Bahadur Rajak Resident of Village- Jhauwa Bahaiyar, P.S.- Harinmar, District- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar Singh For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP For the informant : Mr. Manoj Kumar Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-09-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in Harinmar P.S. Case No. 14 of 2020, registered under Sections 366A, 506/34 of the Indian Penal Code and 8 of POCSO Act.

The allegation against the petitioner is that he along with other accused persons have kidnapped the minor daughter of the informant on the point of arms.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court CR. MISC. No.39783 of 2020(2) dt.14-09-2021 2/3 petitioner has been falsely implicated in the present case. The petitioner No. 1 is a lady. The informant has been recovered and her statement u/S 164 Cr.P.C. was recorded. In the statement of the victim recorded under Section 164 Cr.P.C., there is no allegation of sexual or physical assault alleged against the petitioner. The victim has stated that she was in love with the petitioner and she left house out of her sweet will. The other coaccused with similar allegation have been granted anticipatory bail by a coordinate bench of this court vide order dated 08-042021 passed in Cr. Misc. No. 36290 of 2020. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of Sri Prashant Kumar, learned Additional District & Sessions Judge-Vith-cum-Exclusive Special Court (POCSO Act), Munger in connection with Harinmar P.S. Case No. 14 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.39783 of 2020(2) dt.14-09-2021 3/3 Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T