Ravi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68357 of 2024 Arising Out of PS. Case No.-294 Year-2024 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Ravi Kumar Son of Aanandi Prasad @ Anandi Prasad R/O Vill. - Bhagwanpur, P.S.-Madhuban, Dist.- East Champaran at Motihari. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
XXXXXXX C/o Late Bhairogiri R/O Vill.- Dhekha Bazar, P.S.- Muffasil, Dist.- East Champaran at Motihari.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binay Kumar, Adv For the State:
Mr.Anant Kumar 1, APP For the Informant Mr. Vijay Sharan Srivastave, Adv ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 15-04-2025 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends his arrest in connection with Muffasil P.S. Case No. 294 of 2024 registered for the offences punishable under Section 366A, 323, 504/34 of the Indian Penal Code and section 8,12 of the POCSO Act.
3. At the outset, the learned counsel for the petitioner submits that the present case has been lodged after a delay of 25 days inasmuch as the date of occurrence was 27.5 2024 and the FIR has been lodged on 21.06.2024, and no plausible explanation has been tendered for such delay. By an earlier order, the diary and section 164 Cr.P.C statement of the victim
Patna High Court CR. MISC. No.68357 of 2024(4) dt.15-04-2025 2/3 girl had been called for which are available on the record.
4. On a perusal of the statement of the victim girl recorded under section 164 of the Cr.P.C, it would appear that she has made statement that she had gone alone to Patna voluntarily on the date of occurrence by means of a bus. She has mentioned the name of the petitioner but she only stated that he got her job of applying mehndi for which she used to get Rs. 2000/- per month. She has further stated that when she got the knowledge about the case filed upon the petitioner, she came back to her house and has given the said statement without any threat or coercion.
5. Learned APP for state and the learned counsel for the informant oppose the application for bail on the ground that the girl is a minor. In response to the same, learned counsel for the petitioner points out towards the medical examination report of the victim girl issued by the Sadar Hospital, Motihari contained in paragraph- 65 of the case diary. From perusal, it would appear that the radiological findings show the age of the victim girl between 17 to 18 years. On strength of such report also, learned counsel for the petitioner submits that the present case would not be covered under the POCSO Act. 6 . Taking into consideration all the above mentioned
Patna High Court CR. MISC. No.68357 of 2024(4) dt.15-04-2025 3/3 facts and circumstances and the delay in lodging the FIR and also the statement of the victim girl recorded under section 164 of the Cr.P.C coupled with her age as assessed in the medical examination report, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, in the event of his arrest/ surrender within a period of four weeks from today the petitioner shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand)with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge cum Special Judge, POCSO , East Champaran in Muffasil P.S. Case No. 294 of 2024, subject to condition as laid down under Section 438(2) of the Cr.P.C and subject to the further condition that the petitioner shall co-operate in investigation/ trial.
(Soni Shrivastava, J) N.K/- U T