Ranjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3428 of 2016 Arising Out of PS.Case No. -258 Year- 2015 Thana -VAISHALI District- VAISHALI(HAJIPUR) ====================================================== Ranjeet Kumar, Son of Haribansh Prasad Yadav @ Haribansh Prasad Rai, Resident of village- Sahpur, P.S.- Sahpur Patori, District- Samastipur, presently posted as S.I. at Sadar Police Station, Hajipur, Vaishali .... .... Petitioner

Versus

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

For the Petitioner : Mr. Birendra Kumar Singh, Advocate. For the Opposite Party : Mr. Ashok Kumar Singh(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 08-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Vaishali P.S. Case No. 258/2015 registered for the offences punishable under Sections 376(2), 313, 120(B) of the Indian Penal Code and under Sections 4, 6, 10, 12 of POCSO Act and under Section 5(2)(3) of Termination of Pregnancy Act. The allegation against the present petitioner is that he was officer-in-charge of Mahnar Police Station and he allured the complainant for having relation with him and when she became pregnant, he caused her miscarriage.

Learned senior counsel appearing on behalf of the petitioner submits that entire case is false and concocted and the

petitioner is responsible police officer, who was being victimized by the girl as earlier also she filed a case against four other accused persons bearing Mahnar P.S. Case No.176 of 2013 in which the case was found to be false against Vikash Kumar and the complainant had been putting pressure upon the petitioner to submit final form against him, which was not agreed upon by the present petitioner.

Learned counsel appearing on behalf of the State submits that apart from the allegation made, it is also come in the case diary that subsequently the victim girl has retracted from her statement and has filed a petition before the Court of A.D.J.-Icum-Special Judge, Vaishali at Hajipur stating that she had filed the present case under compulsion made on her by certain vested interest. It is being further submitted that in the said petition she has stated that accused Ranjeet Kumar as well as others are innocent.

Considering the entire facts and circumstances of the case and also taking into consideration the fact that this petitioner is a responsible police officer and that he has no criminal antecedent, let the petitioner above named, in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order,

be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 258/2015 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. It is made clear that the petitioner shall present himself to the process of the Court as and when required. It is further directed that one of the bailors shall be close relative namely father or the mother of the petitioner. (Anjana Mishra, J.) Amit/- U T