Patna High CourtCR. MISC./61507/2024bail granted

Ritesh Kumar v. The State Of Bihar

2024-11-28Mr. Justice Rajiv Roy4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61507 of 2024 Arising Out of PS. Case No.-30 Year-2024 Thana- CHEWARA District- Sheikhpura ====================================================== Ritesh Kumar S/O Rampravesh Mahto Resident of Village- Basant, P.SChewara, District- Sheikhpura. ... ... Petitioner/s

Versus

The State of Bihar 2.

Ranjeet Paswan S/O Late Baban Paswan R/O Village- Chewara, P.S.- Chewara, Dist.- Sheikhpura.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sheo Nandan Prasad, Advocate For the Opposite Party/s :

Ms.Usha Kumari 1, APP For the informant :

Mrs. Sarita Kumari, Advocae ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-11-2024 Heard Mr. Sheo Nandan Prasad, learned counsel for the petitioner and Mrs. Sarita Kumari, representing the informant.

2. The petitioner is in judicial custody in connection with Chewara P.S. Case No. 30 of 2024 for the offence punishable under Sections 366A, 34 of the Indian Penal Code and 08 of POCSO Act and 3(i) (r) (s) of SC/ST Act lodged on 22.04.2024 by the informant, Ranjeet Paswan.

3. As per the prosecution story, the informant alleged that the petitioner who is a married person took his minor daughter away and when they approached the family, abused. This led to the FIR.

4. Subsequently, the Police picked up both the

2/4 petitioner as also the victim girl and though in her statement under section 161 of the Cr.P.C., she narrated to have left the parents home to Bangaluru and stayed alongwith the petitioner on her own, later, she retracted her statement under section 164 of the Cr.P.C. alleged rape which resulted into chargesheet submitted under section 376 of the IPC.

5. It is the case of the petitioner that though he is married, fell in love with the girl, she went on her own, if granted permission would like to own her, in any case, chargesheet having been submitted, in case, granted relief, he shall be diligently appearing in trial. The last submission is that he is in custody since 09.05.2024 (para-22 of the petition).

6. Learned counsel for the informant, Mrs. Sarita Kumari on the other hand opposed the prayer submitting that despite being married person, he took away the minor girl and when returned, she was seven weeks' pregnant.

7. Having gone through the facts of the case, it is unfortunate that the petitioner despite being a married person and blessed with two child, went into this relationship with the minor girl and she also became pregnant, fully realizing that the same is not a valid marriage in the eyes of law, however, taking into account the fact that he has a family with two

3/4 children, has no criminal antecedent, is in custody since 09.05.2024 and an undertaking has been given that he shall be diligently appearing in trial, 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) with two sureties of like amount each to the satisfaction of learned Additional District and Sessions Judge-cum Exclusive Special Judge (POCSO), Sheikhpura, in connection with Chewara P.S. Case No. 30 of 2024 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his 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 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

4/4 criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U