Rudal Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 68208 of 2022 Arising Out of PS. Case No.-558 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== RUDAL DAS S/o Late Bhikhari Das R/o Village- Rajabhar Briti Tola, Ward no. 05, P.S.- Majhauliya, Distt- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate.

For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-04-2023 Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has preferred this application for grant of regular bail in connection with Majhauliya P. S. Case No. 558 of 2020 dated 08.08.2020 registered for the offences punishable under Sections 366A read with Section 34 of the Indian Penal Code and Section 12 of the Protection of Children from Sexual

Patna High Court CR. MISC. No. 68208 of 2022(2) dt.12-04-2023 2/3 Offences Act.

As per the prosecution case, the petitioner and the accused persons are alleged to have kidnapped the minor daughter of the informant.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No such occurrence as alleged has ever taken place. Learned counsel has further submitted that the petitioner was made accused in this case only because he is the father of the co-accused Ganesh Das. He also submitted that the victim in her statement recorded under Section 164 Cr.P.C. has not stated the name of the petitioner in the crime alleged. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 01.10.2022.

Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner by submitting that the victim is a minor girl as per her school certificate. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court

Patna High Court CR. MISC. No. 68208 of 2022(2) dt.12-04-2023 3/3 concerned, Bettiah, West Champaran in connection with Majhauliya P. S. Case No. 558 of 2020.

The application stands allowed.

(Chandra Prakash Singh, J) shakir/- U T