Raja Hussain @ Raja Babu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63308 of 2024 Arising Out of PS. Case No.-36 Year-2024 Thana- Jagdishpur District- West Champaran ====================================================== Raja Hussain @ Raja Babu S/O Shahmhamad Miyan Resident of VillBahuarwa, P.S.- Jagdishpur, Dist- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Budhan Ram S/O Late Sahbir Ram R/O Village- Bahuarwa, Ward No. 09, P.S- Jagdishpur, Distt.- West Champaran.

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Adv.

Mr. Dilshad Alam and Bharti Rai, Advocates For the Opposite Party/s :

Mrs.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and learned Spl.P.P. for the State.

2. Petitioner apprehends his arrest in a case registered for the offences punishable under Sections 363, 366A/34 of the Indian Penal Code and Sections 3(i)(r)(s) of the SC/ST Act and Section 8 of the POCSO Act.

3. As per prosecution case, on 23.05.2024 at about 3 PM, daughter of informant went to the field to attend call of nature but she did not return. During search, informant came to know that in a pre-planned conspiracy, all the F.I.R. named accused persons including this petitioner enticed away the victim for her marriage with co-accused Chand Mohammad Mansuri.

Patna High Court CR. MISC. No.63308 of 2024(3) dt.17-01-2025 2/2

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. He is friend of co-accused Chand Mohammad Mansuri, against whom there is specific allegation of kidnapping. He further submits that during investigation, the victim was recovered and her statement was recorded under Section 164 Cr.P.C. wherein she has not stated anything against this petitioner. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State opposes the bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of eight weeks from today, let the above named petitioner 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 learned Additional Sessions Judge VI cum Special Judge (POCSO), West Champaran at Bettiah in connection with Jagdishpur P.S. Case No. 36 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay U T