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Patna High CourtCR. MISC./65334/2022allowed

Rajesh Ravidas v. The State Of Bihar

2023-02-25Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65334 of 2022 Arising Out of PS. Case No.-219 Year-2021 Thana- NARHATT District- Nawada ====================================================== RAJESH RAVIDAS S/o Gorelal Ravidas R/v- Punthar, P.S.- Narhat, DistrictNawada ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uma Shankar Sharma For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Narhat P.S. Case No. 219 of 2021 registered for the offence punishable under section 376 of the Indian Penal Code and section 4 of the POSCO Act.

As per allegation in the FIR, petitioner is co-villager of the victim girl and on the pretext of marriage, he is relationship with the victim girl for two years and in between he took the victim girl to Kanpur and there also he established physical relationship.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Prior to lodging this FIR, no complain or information of sexual assault

Patna High Court CR. MISC. No.65334 of 2022(2) dt.25-02-2023 2/2 against the petitioner. The medical certificate shows the age of the victim girl to be 17-19 years. While victim girl was being taken to Kanpar by the petitioner, she has not raised alarm, from which it is very clear that she was a consenting party. Petitioner is languishing in judicial custody since 29.05.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ADJ (VI)-cum-Special Judge (POCSO Act), Nawada in connection with Narhat P.S. Case No. 219 of 2021.

(Sunil Kumar Panwar, J) sushma/- U