Patna High CourtCR. MISC./55058/2024bail granted

Rajesh Kumar @ Rajesh Kumar Roy v. The State Of Bihar

2024-08-20Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55058 of 2024 Arising Out of PS. Case No.-39 Year-2024 Thana- MAHUA District- Vaishali ====================================================== Rajesh Kumar @ Rajesh Kumar Roy S/O Amarjeet Ray R/O VillageLaguraon, P.S-Mahua, District-Vaishali, Bihar. ... ... Petitioner/s

Versus

The State of Bihar 2.

Vikash Ray S/O Late Jagdeo Ray R/O Vill- Laguraon, P.S- Mahua, Distt.- Vaishali.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Ms.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 363, 366 and 34 of the Indian Penal Code and Section 8 of the POCSO Act, registered in connection with Mahua P.S. Case No. 39 of 2024.

3. The allegation against the petitioner is that he kidnapped the minor daughter of the informant.

4. The learned counsel for the petitioner has submitted that the F.I.R. shows itself that the victim is aged about 17 1⁄2 years and she is on the verge of majority. She did not support

Patna High Court CR. MISC. No.55058 of 2024(2) dt.20-08-2024 2/2 the prosecution case and when she was brought before the Magistrate, she categorically denied to go with her parents. The order of the lower court shows itself that it is a matter of love and affair.

5. Learned APP appearing for the State has opposed the prayer of bail.

6. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing the bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-VI-cum-Special Judge, POCSO, Vaishali at Hajipur in connection with Mahua P.S. Case No. 39 of 2024, subject to the condition that petitioner shall cooperate in the disposal of trial and make himself available as and when required by the Court.

(Nawneet Kumar Pandey, J) lata/- U T