Patna High CourtCR. MISC./54942/2024bail granted

Rajesh Kumar @ Rajesh Kumar Singh @ Dintelu v. The State Of Bihar

2024-09-25Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54942 of 2024 Arising Out of PS. Case No.-57 Year-2024 Thana- DHANSOI District- Buxar ====================================================== Rajesh Kumar @ Rajesh Kumar Singh @ Dintelu Son of Ram Kawal Singh R/V- RAMPUR, P.S.- DHANSOI, DIST.- BUXAR ... ... Petitioner/s

Versus

The State of Bihar BIHAR 2.

MANOJ SINGH SON OF LATE KHOBHARI SINGH R/V- VILLAGERAMPUR, P.O.- PARSIA, P.S.- DHANSOI, DISTT.- BUXAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner, learned APP for the State and learned senior counsel for the informant Shri Yogesh Chandra Verma.

2. The petitioner seeks bail in connection with Dhansoi P.S. Case No. 5793026240057 registered for the offence under Section 363, 366A of the Indian Penal Code and under Section 8, 12 of the POCSO Act.

3. As per the prosecution case, the petitioner is said to have kidnapped the victim girl.

4. The petitioner is in jail since 4.5.2024.

5. Learned counsel for the petitioner has relied upon the statement of the victim recorded under Section 161

Patna High Court CR. MISC. No.54942 of 2024(3) dt.25-09-2024 2/2 Cr.P.C. in which, the victim girl has said that she has eloped with the petitioner on her own.

6. Learned senior counsel for the informant has submitted that in the statement of the victim girl made under Section 164 of the Cr.P.C., she has said that the victim girl has levelled serious allegations against the petitioner.

7. Considering the difference in the statement of the victim girl made under Section 164 of the Cr.P.C. and under Section 161 Cr.P.C. and also considering the period of custody, this application is allowed.

8. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-VI-cumSpecial Court, POCSO Act, Buxar/concerned Court below in connection with Dhansoi P.S. Case No. 57 of 2024. (Sandeep Kumar, J) Vikas/- U