Rahul Kumar @ Rahul Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70581 of 2021 Arising Out of PS. Case No.-214 Year-2019 Thana- KORHA District- Katihar ====================================================== RAHUL KUMAR @ RAHUL KUMAR SINGH Son of Ramesh Prasad Singh @ Ramesh Singh Resident of Village - Durgapur Kushwaha Tola, O.P. Semapur, P.s.- Barari, Distt.- Katihar.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ajit Kumar Singh For the Opposite Party :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-04-2022 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 366A and other ancillary sections of the Indian Penal Code and section 4 of Protection of Children from Sexual Offences (POCSO) Act, 2012.

As per the prosecution case, the on 10.6.2019 at 8 am petitioner and co-accused Ravindra Kumar enticed away the daughter of the informant. However she returned same day at 4 pm and narrated the informant that she was abducted by the petitioner and his accomplice.

Learned counsel for the petitioner submits that the entire prosecution case is false which would be evident from the fact

Patna High Court CR. MISC. No.70581 of 2021(3) dt.26-04-2022 2/2 that though as per the FIR victim was abducted on 10.6.2019 at 8 am and returned the same day at 4 pm, however, in her statement recorded under section 164 Cr. P. C. victim has stated that she was taken to Karnal and kept there for five days and the accused persons ravished her. Victim has been medically examined and her age has been assessed as 17 to 18 years and the doctor has not found sign of commission of sexual intercourse. Petitioner is in custody since 3.8.2021. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, as named above, 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 Additional Sessions Judge VII, Katihar in Korha Police Station Case No. 214 of 2019.

(Prabhat Kumar Singh, J) shashi/- U T