Rajesh Kumar Rajwanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53626 of 2017 Arising Out of PS.Case No. -277 Year- 2015 Thana -RANIGANJ District- ARRARIA ====================================================== Rajesh Kumar Rajwanshi S/o Gopal Rajwanshi @ Gopal Mandal Resident of Village Vistoria Kothi Tola, Ward No. 19, P.S. Raniganj, District Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 14-12-2017 Heard learned counsels for the petitioner, informant and APP for the State.

The petitioner seeks bail in connection with Raniganj P.S. Case No. 277 of 2015 registered under Section 376 of the Indian Penal Code and Section 4/8 of POCSO Act. The petitioner is said to have been establishing sexual relationship with the informant on the pretext of performing marriage with her and the informant became pregnant with the petitioner but later on he refused to perform marriage with her.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. As a matter of fact, the informant happens to be major and she was in love with

Patna High Court Cr.Misc. No.53626 of 2017 (4) dt.14-12-2017 2/2 the petitioner and subsequently performed marriage with him and has been living with the petitioner happily and with all comfort. The informant has also filed an affidavit of the aforesaid facts in the court below. By filing the xerox copy of the Aadhar Card, it is submitted that the date of birth of the informant is 01.01.1997 and she is major. The petitioner has been languishing in custody since 14.09.2017.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge-cum-Spl. Judge (POCSO) Act, Araria in connection with Raniganj P.S. Case No. 277 of 2015. (Prakash Chandra Jaiswal, J) rohit/- U T