Ritik Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56830 of 2024 Arising Out of PS. Case No.-236 Year-2023 Thana- BIRPUR District- Supaul ====================================================== RITIK KUMAR SON OF NARESH SHARMA RESIDENT OF VILLAGE - RATANPURA, POLICE STATION - RATANPURA, DISTRICT - SUPAUL ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
KARAM SINGH S/O BUDHIYA RAM RESIDENT OF VILLAGE - BALOGAHA, POST- SAMTHI, DISTT.- CHAMBA, STATE- HIMACHAL PRADESH, AT PRESENT RESIDING AT S.S.B. BAHARI SEEMA CHOWKI SHAILESHPUR, P.S.- BHIMNAGAR (O.P. BHIM NAGAR), DISTRICT- SUPAUL, STATE- BIHAR.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-11-2024 Heard the parties.
2. The petitioner is in custody in connection with POCSO Case No. 75 of 2023 arising out of Birpur (Bhimnagar) P.S. Case No. 236 of 2023 for the offence punishable under sections 363 and 366A of the Indian Penal Code and Section 8 of the POCSO Act lodged on 01.08.2023 by the informant, Karam Singh.
3. As per the prosecution story, the informant alleged that while on duty, they saw a boy and a girl moving towards Nepal. They were stopped and upon checking the bag and going through the facts of the case, found that the girl is minor. Parents were contacted and later, on the basis of abduction case, they were taken into custody. This led to the present FIR.
Patna High Court CR. MISC. No.56830 of 2024(5) dt.19-11-2024 2/3
4. Learned counsel for the petitioner submits that the girl in her Section 164 of the Cr.P.C. statement has made it clear that she was going to Nepal on her own.
5. Learned APP opposes the prayer for bail submitting that the girl was a minor and the petitioner had abducted her.
6. In this case, a Coordinate Bench had called for the case diary and the statement of the victim girl and learned counsels took this Court to the paragraph-71 of the case diary, according to which, the girl has narrated that she was going to Nepal on her own.
7. Considering the submissions put forwarded by the parties as also the statement of the victim girl under Section 164 of the Cr.P.C. coupled with the fact that the petitioner is in custody since 03.08.2023 (paragraph-7 of the petition), this Court is inclined to extend him the privilege of bail with conditions.
8. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned ADJ-VI-cumSpecial Judge, POCSO Act, Supaul, in connection with POCSO Case No. 75 of 2023 arising out of Birpur (Bhimnagar) P.S. Case No. 236 of 2023 subject to the following conditions:
Patna High Court CR. MISC. No.56830 of 2024(5) dt.19-11-2024 3/3 (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T