Ramesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68498 of 2022 Arising Out of PS. Case No.-205 Year-2022 Thana- ARA MUFFSIL District- Bhojpur ====================================================== RAMESH KUMAR Son of Late Bigan Prasad Resident of Vill.- Chakki Gochahan, P.S.- Doriganj, Dist.- Chhapara at present resident of village - Agarsanda, P.S.- Dhbaha, Dist.- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Ranjan Pd. Singh, Advocate For the State :

Mr. Pronoti Singh, APP For the Informant :

Mr. Shiv Prasad Gupta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-04-2023

1. Let the defect(s), if any, pointed out by the office be removed within four weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

2. Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

3. Petitioner seeks regular bail in connection with Ara Mufassil P.S. Case No. 205 of 2022, dated 01.07.2022 registered for the offences punishable under Sections 363, 366(A) and 34 of the Indian Penal Code.

4. The main submissions advanced by petitioner's counsel are that the victim has been recovered and she has recorded her statement under Section 164 of Cr.P.C., in which

Patna High Court CR. MISC. No.68498 of 2022(3) dt.25-04-2023 2/2 she did not support the allegations of the FIR and she has accepted her love affair with this petitioner and the petitioner has been languishing in jail since 21.08.2022 having fair and clean antecedent and he is a very young person.

5. Learned counsel appearing for the informant has vehemently opposed the prayer for bail and submitted that the victim is only fourteen years old.

6. Learned APP appearing for the State has also opposed the prayer for bail.

7. Considering the above submissions and mainly the victim's statement recorded under Section 164 of Cr.P.C., which goes against the allegations made in the FIR, in my opinion the petitioner deserves to the privilege of bail. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Ara Mufassil P.S. Case No. 205 of 2022. (Shailendra Singh, J.) maynaz/- U T