Ram Chandra Sahni @ Rakesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47746 of 2023 Arising Out of PS. Case No.-331 Year-2022 Thana- RAMGARHWA District- East Champaran ====================================================== Ram Chandra Sahni @ Rakesh, Son Of Ravindra Sahni, Resident Of ViillageBairiyai, P.S.- Ramgarhwa, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raki Alam, Advocate For the Opposite Party/s :

Mr.Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 02-08-2023

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

2. Petitioner seeks regular bail in connection with Ramgarhwa P.S. Case No. 331 of 2022 dated 27.09.2022 registered for the offences punishable under Section(s) 366A/ 34 of the Indian Penal Code, Section 8 of POCSO Act and Section(s) 3(1)(w)(i) of the SC/ST Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the petitioner has no criminal antecedent and has been languishing in jail since 24.04.2023 and against him the investigation has been completed and the so-called victim has been recovered and she has recorded her statement under Section 164 of Cr.P.C. in which she denied the allegation levelled by her father in the FIR. Further submissions are that in fact there was love affair in between the petitioner

Patna High Court CR. MISC. No.47746 of 2023(2) dt.02-08-2023 2/2 and the said victim and they have solemnized marriage and victim's statement recorded by her before the Judicial Magistrate has been discussed in the order impugned which goes to show that the victim solemnized marriage with this petitioner in a temple and as per the assessment made by the Judicial Magistrate regarding victim's age, her age has been assessed as 17 years while as per Medical Board's opinion her age has been assessed between 18-19 years.

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

5. Considering the above submissions, and mainly the petitioner's fair antecedent and his custody period and also victim's statement recorded under section 164 of Cr.P.C. discussed in the order impugned, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner namedabove be enlarged on bail in connection with Ramgarhwa P.S. Case No. 331 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