Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55672 of 2022 Arising Out of PS. Case No.-24 Year-2022 Thana- PIPRAHI District- Sheohar ====================================================== Raja Kumar S/O Prabhu Patel Resident Of Village- Bairiya, P.S.- Piprahi, District- Sheohar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 363, 366(A), 323, 504, 506/34 of the Indian Penal Code. However, after completing investigation chargesheet has been submitted under Sections 363, 366(A), 376 of the Indian Penal Code and Section 4 of POCSO Act.

It is a case of abduction of minor sister of the informant, namely, Guddi Kumari. When the family members of the informant went to house of the petitioner to enquire

Patna High Court CR. MISC. No.55672 of 2022(2) dt.17-01-2023 2/3 about the victim then they were assaulted.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is also submitted that petitioner is languishing in judicial custody since 27.02.2022. It is further submitted that victim has good relation with the petitioner and she was enticed by the petitioner with the motive to marry her. In the statement recorded under Section 164 of the Cr.P.C., the victim has stated that she with her own sweet will went along with the petitioner without use of any unlawful force with an intention to solemnize marriage with the petitioner, which is annexed as Annexure 2 of the petition. In the medical examination of the victim girl she was found aged 18 years and doctor did not find any use of unlawful force on her. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and

Patna High Court CR. MISC. No.55672 of 2022(2) dt.17-01-2023 3/3 taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Piprahi P.S. Case No. 24 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional district & Sessions Judge-cumSpecial Judge, 1st, POCSO, Sheohar. (Sunil Kumar Panwar, J) nirajkrs/- U T