Rakesh Ranjan @ Rakesh Nandan Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1854 of 2017 Arising Out of PS.Case No. -51 Year- 2016 Thana -SC ST District- VAISHALI(HAJIPUR) ======================================================

1. Rakesh Ranjan @ Rakesh Nandan Kumar Son of Shyam Shankar Singh @ Shankar Prasad Singh,

2. Sarwan Kumar, Son of Dinesh Singh, Both Resident of VillageRajapakar, P.S.- Rajapakar, District- Vaishali. .... .... Appellant/s

Versus

The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Rajesh Kumar For the Respondent/s : Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-07-2017 The appellants seek regular bail in connection with SC/ST P.S. Case No. 51 of 2016, registered for offences punishable under Section 366(A) of the Indian Penal Code, Section 12 of POCSO Act and Section 363, 365, 376(G)/ 34 of the Indian Penal Code and Section 3(i)(W)(i), 3(1)(ii) of SC/ST Act. Allegation against the appellants they kidnapped the victim girl and appellant no. 1 committed rape on her. It has been submitted on behalf of the appellants that falsity of the case will appear from the fact that though in this case, she has supported the prosecution story but in another case, her statement was recorded under Section 164 Cr.P.C, in which she has stated that she has married with the appellant no. 1 and wants to live with her and the previous case was filed by her due

Patna High Court CR. APP (SJ) No.1854 of 2017 (2) dt.17-07-2017 2/2 to pressure of guardian.

Heard learned Special P.P. as well as learned counsel for the informant.

Having heard both sides, considering the facts and circumstances of the case, this appeal is disposed of with direction to the Trial Court to initiate the trial and take the evidence of informant in this case. Thereafter, petitioner will be at liberty to renew his prayer for bail in the trial court itself and if any such application is filed the trial court after verifying the submission of learned counsel for the appellants that now the informant has married with the appellant no. 1 and wants to live with the him, shall release the appellants on bail to his satisfaction on furnishing bail bonds of Rs. 25,000/- (Rs. Twenty Five Thousand) each with two sureties of like amount in connection with SC/ST P.S. Case No. 51 of 2016.

(Vinod Kumar Sinha, J) sunil/- U T