Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68289 of 2022 Arising Out of PS. Case No.-377 Year-2022 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Ranjan Kumar, Son of Rajesh Baitha, R/V- Kudwa Chainpur, P.S- Kudwa Chainpur, District- East Champaran.

... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr.Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-03-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with P.Tr. No. 49/2022, arising out of Muffasil P.S. Case No. 377 of 2022 registered for the offence under Sections 363, 366(A), 34 of the Indian Penal Code and Section 8 of POCSO Act. The accused/petitioner is named in the F.I.R. and is in custody since 23.05.2022.

The allegation against the petitioner is to kidnap the minor sister of the informant, aged about 17 years alongwith other co-accused persons for the purpose of illicit intercourse.

Patna High Court CR. MISC. No.68289 of 2022(2) dt.15-03-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that petitioner has been falsely implicated in this case and the fact can be gathered from the statement of the victim as recorded under Section 164 of the Cr.P.C. where she failed to named this petitioner by stating any incriminating circumstances. It is also submitted that thrust of allegation is available against co-accused, namely, Navneet Kumar @ Navneet Singh. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above and by taking note of statement of victim as recorded under Section 164 of Cr.P.C. where she failed to suggest any incriminating circumstances against this petitioner, coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with P.Tr. No. 49/2022, arising out of Muffasil P.S. Case No. 377 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.68289 of 2022(2) dt.15-03-2023 3/3 satisfaction of learned 6th Additional Sessions Judge-cumSpecial Judge, POCSO Act, Motihari, District- East Champaran/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) veena/- U T