Rakesh Kumar Gupta @ Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48313 of 2023 Arising Out of PS. Case No.-88 Year-2023 Thana- BETTIAH CITY District- West Champaran ====================================================== Rakesh Kumar Gupta @ Rakesh Kumar, Son Of Amal Gupta R/O-Samauata, P.S.-SATHI, Distt.-WEST Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

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

3. The petitioner has preferred this application for grant of regular bail in connection with Bettiah (Town) P.S. Case No. 88 of 2023 dated 05.02.2023 registered for the offences punishable u/s 366A of the Indian Penal Code and u/ss 8 and 12 of the POCSO Act.

4. As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant from her Bua's house by enticing her for the purpose of

Patna High Court CR. MISC. No.48313 of 2023(2) dt.08-08-2023 2/3 marriage.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the victim in her statement recorded under Section 161 of Cr.P.C. has stated that she was in courtship with the accused petitioner for one and a half year and wanted to solemnize marriage with him but when her parents came to know about the same, they wanted to solemnize the marriage of the victim girl somewhere else due to which she fled away with the petitioner without informing anyone in her house. Learned counsel has further submitted that the victim was not forced to have illicit relationship with another person. It is further submitted that as per medical examination, the doctor has not found any internal or external injury on the part of the victim. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.02.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond

Patna High Court CR. MISC. No.48313 of 2023(2) dt.08-08-2023 3/3 of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bettiah, West Champaran in connection with Bettiah (Town) P.S. Case No. 88 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T