Raja Ram Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61209 of 2021 Arising Out of PS. Case No.-158 Year-2021 Thana- BATHNAHA District- Sitamarhi ====================================================== RAJA RAM KUMAR S/o- JAGDISH MAHTO Resident of Village- Janki Nagar, P.S.- Bathnaha, District- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Alok, Advocate For the Opposite Party/s :
Mr.Anil Kumar Singh No. 1, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-05-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks regular bail in connection with Bathnaha Police Station Case No. 158 of 2021, registered for the offences punishable under Sections 341/354-A/354B/504/506/34 of the Indian Penal Code and Section 8 of the Prevention of Children from Sexual Offences Act, 2012. The prosecution case, as per the First Information Report, is that while the daughter of the informant was going to bring wheat flour from the mill, she was intercepted by the petitioner and other accused persons, who, after closing her mouth, dragged her to the school and prepared a video after disrobing her.
Learned Counsel for the petitioner submits that the
Patna High Court CR. MISC. No.61209 of 2021(2) dt.23-05-2022 2/3 petitioner has falsely been implicated in this case due to village rivalry and during the course of investigation, the alleged video was seen by the police. From perusal of paragraph 21 of the case diary, it is evident that the mouth of the victim girl was not closed by any cloth and she was seen laughing and was disrobing ownself. The petitioner and other accused persons were not seen in the said video. Similarly situated person has been granted bail by this Court in Cr. Misc. 48180/2021. He further submits that the petitioner is in custody since 21.06.2021 and charge sheet has been submitted against him and as such there is no likelihood that the petitioner will abscond and/or tamper with the evidence.
Regards being had to the submission advanced on behalf of the parties and taking into consideration the materials collected during course of investigation, co-accused has been granted bail, the fact that the petitioner is in custody since 21.06.2021 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.
Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.61209 of 2021(2) dt.23-05-2022 3/3 learned Additional District and Sessions Judge-VI -cum-Special Judge, (POCS) Act, Sitamarhi, in connection with Bathnaha Police Station Case No. 158 of 2021.
(Anil Kumar Sinha, J) S.Ali/- U T