Ranjeet Kumar @ Ranjeet Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51365 of 2019 Arising Out of PS. Case No.-145 Year-2019 Thana- BASANTPUR District- Siwan ====================================================== 1.

RANJEET KUMAR @ RANJEET SAH Son of Dara Sah Resident of Village - Madarpur, P.S.- Basantpur, District- Siwan 2.

Neha Kumari D/O - Dara Sah Resident of Village - Madarpur, P.S.- Basantpur, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Kant For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-09-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 366(A), 341, 323 and 34 of the Indian Penal Code and Section 8 of the POCSO Act, registered in connection with Basantpur P.S.Cae No.145 of 2019.

3. It is submitted that the petitioners have been falsely implicated and, as a matter of fact, there was love affair between the so-called victim girl and co-accused Vijay Sah. It is submitted that the thrust of accusation is against co-accused Vijay Sah, who is said to have told the informant that his daughter's friend (petitioner no.2) was ill and on that pretext

Patna High Court CR. MISC. No.51365 of 2019(2) dt.19-09-2019 2/3 took her away in Bolero car. The so-called victim girl (informant's daughter), in her deposition recorded under Section 164 Cr. P.C. has only named co-accused Vijay Sah and has not taken the name of the petitioners, who are not related to the said co-accused Vijay Sah. The petitioners claim clean antecedents.

4. Be that as it may, in the event of petitioners' arrest or surrender before court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned ADJ 1st-cum-Special Court, Siwan in connection with Basantpur P.S. Case No. 145 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C. and also subject to the following further conditions: (i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

Patna High Court CR. MISC. No.51365 of 2019(2) dt.19-09-2019 3/3 (iv) Petitioner no.1 shall remain physically present in court on each and every date during trial. Petitioner no.2 shall be well represented in Court on each and every date during trial, except as and when directed by the learned court below to be physically present and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) HR/- U T