Rajesh Kumar Das @ Rajesh Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69004 of 2024 Arising Out of PS. Case No.-156 Year-2024 Thana- RAJAON District- Banka ====================================================== Rajesh Kumar Das @ Rajesh Das Son of Santosh Das R/o Village- Tilakpur, P.S.- Rajoun, District- Banka ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sanjay Das Son Of Late Uchit Lal Das Resident Of Village- Tilakpur, P.SRajoun, Dist- Banka. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s :
Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 365, 354B/34 of the Indian Penal Code and Section 8 of POCSO Act.
3. The case of the prosecution is that on 18.03.2024 at about 05:00 pm, informant's daughter namely, Jasmeen Kumari was cleaning the house, at that time, Rajesh Das and Bittu Das came in influence of intoxication, they assaulted the daughter of
Patna High Court CR. MISC. No.69004 of 2024(4) dt.17-01-2025 2/3 the informant. It is further alleged that on 20.03.2024 at about 10 am, petitioner took away the daughter of the informant while she was alone.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. During course of investigation the victim was recovered and she has given her statement recorded under Section 164 of the Cr.P.C. that she has not named anybody rather she has lodged that one Anup has sold her to Mani Ram and Mani Ram has solemnized the marriage of the victim with Sujit Kumar. It is further submitted that the petitioner is languishing in judicial custody since 01.05.2024.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rajoun P.S. Case No. 156 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.69004 of 2024(4) dt.17-01-2025 3/3 learned Chief Judicial Magistrate, Banka.
(Ashok Kumar Pandey, J) Sudhanshu/- U T