Raja Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74700 of 2024 Arising Out of PS. Case No.-121 Year-2024 Thana- DESARI District- Vaishali ====================================================== Raja Kumar S/o- Rajballabh Paswan, Resident of Village- Panapur Ragunath, P.S.- Desari District- Vaishali.
... ... Petitioner/s
Versus
1.
The State of Bihar.
2.
Geeta Paswan Wife of Dhaneshwar Paswan, R/o Village- Panapur Raghunath Ward No.12, P.S.- Desari, Dist- Vaishali. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Prasad Singh, Sr. Advocate.
:
Mr. Bhaskar Shankar, Advocate.
For the State :
Mr. Arbind Kumar Pandey, APP.
For the O.P. No.2 :
Mr. Mukesh Kumar, Advocate.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-12-2024 Heard learned senior counsel for the petitioner, learned APP for the State and learned counsel for the O.P. no.2.
2. The petitioner seeks regular bail in connection with Desari P.S. Case No.121 of 2024, registered for the offences punishable under Sections 376, 379, 346, 341, 342, 323, 504, 506, 34 of the Indian Penal Code and Section 3/4 of POCSO Act.
3. As per the prosecution case, minor daughter of informant took Rs.75,000/- of group loan to deposit in the bank. It is alleged that the petitioner kidnapped her, locked in a room, raped her and left her on next day after taking the said amount from her.
Patna High Court CR. MISC. No.74700 of 2024(3) dt.18-12-2024 2/3
4. Learned senior counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the victim in her statement recorded under Section 164 of Cr.P.C. has not supported the case of prosecution. Learned senior counsel submits that the informant collected the money from villagers as they are member of group loan and only with a view to embezzle the amount, present false case been lodged. The victim herself had denied medical examination by doctor. There is inordinate delay in lodging the F.I.R. without any plausible reason. He further submits that the petitioner is a young boy having clean antecedent and is in custody since 07.04.2024. He also submits that the charge sheet has already been submitted in this case and petitioner undertakes to cooperate in the investigation.
5. Learned counsel for the O.P. No.2 and learned APP for the State have opposed the prayer for regular bail of the petitioner.
6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional
Patna High Court CR. MISC. No.74700 of 2024(3) dt.18-12-2024 3/3 Sessions Judge-VI-cum-Special Judge, POCSO, Hajipur, Vaishali in connection with Desari P.S. Case No.121 of 2024. (Sunil Dutta Mishra, J) Ritik/- U T