Rajesh Kumar Rai @ Pappu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47016 of 2019 Arising Out of PS. Case No.-169 Year-2018 Thana- LADANIA District- Madhubani ====================================================== RAJESH KUMAR RAI @ PAPPU RAI Son of Lakshman Rai Resident of Village- Khajedih, P.S.- Ladania, District- Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajkumar Rajesh For the Opposite Party/s :
Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-07-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 363, 366A, 34 of the Indian Penal Code and 12 of POCSO Act, 2012.
The prosecution case in short is that the accused persons forcibly abducted the minor daughter of the informant for the purpose of marriage.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 31.3.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. On recovery, the statement of
Patna High Court CR. MISC. No.47016 of 2019(2) dt.30-07-2019 2/2 the victim has been recorded under Section 164 Cr.P.C. in which she has stated that she left the house out of her own sweet will. No allegation of sexual or physical abuse is alleged against the petitioner.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R..
Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.D.J.-I-cum- Special Judge, (POCSO Act), Madhubani in connection with Ladania P.S. Case No. 169/18. (Sudhir Singh, J) Pankaj/- U T