Ritesh Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9268 of 2021 Arising Out of PS. Case No.-148 Year-2020 Thana- BANKA District- Banka ====================================================== RITESH RAUT, Son of Sashi Raut, Resident of Village-Rainiya, P.S. and District-Banka.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amit Anand, Adv.

For the Opposite Party/s :

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 366(A)/34 of the Indian Penal Code.

Prosecution case, in brief is that on 20.02.2020 the daughter of the informant went to the bank to deposit the money bud did not return. When he started to search then got

Patna High Court CR. MISC. No.9268 of 2021(2) dt.15-07-2021 2/3 information that his daughter has been abducted for the purpose of marriage by the petitioner with the help of other accused persons.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the police has submitted chargesheet under Section 366(A) of the Indian Penal Code and Section 8 of the POCSO Act and accordingly, the cognizance has taken under the same section. The statement of the victim recorded under Section 164 Cr.P.C. in which her age is above 18 years and she got married with the petitioner, which is annexed as Annexure-2 of the bail application. The petitioner is languishing in judicial custody since 17.06.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition.

Learned APP for the State opposes the prayer for bail of the petitioner.

Considering the statement of the victim recorded under Section 164 Cr.P.C., let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Banka P.S. Case No. 148/2020 to the

Patna High Court CR. MISC. No.9268 of 2021(2) dt.15-07-2021 3/3 satisfaction of learned Court below where the case is pending/ successor court.

(Anjani Kumar Sharan, J) amitkumar/- U T