Ranjan Choupal @ Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71592 of 2022 In CRIMINAL APPEAL (SJ) No.645 of 2022 Arising Out of PS. Case No.-76 Year-2021 Thana- RUDRAPUR District- Madhubani ====================================================== Ranjan Choupal @ Ranjan Kumar Son Of Kishan Choupal R/O Navnagar, P.S.- Rudrapur, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Ms.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Rudrapur P.S. Case No. 76 of 2021 registered under sections 363, 366A, 376(A,B), 504, 506 and 34 of the Indian Penal Code and Section 4 of the POCSO Act.

Allegation against the petitioner along with other coaccused persons is that they tried to outrage the modesty of both the victims.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to enmity and previous

Patna High Court CR. MISC. No.71592 of 2022(2) dt.17-03-2023 2/3 grudge. The petitioner has no concern with the alleged occurrence. The statement of both the victims was recorded under Section 164 of Cr.P.C., in which they have not corroborated the prosecution case and don't whisper any complicity of the accused persons, further stated that they went out from their house with the co-accused, namely, Raushan Kumar along with this petitioner. One victim stated that she went away with this petitioner out of her own sweet will because she fell in love with him. Both victims are aged about 18 years as per their statement recorded under Section 164 of Cr.P.C, hence the POCSO Act is not made out against the petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 03.10.2021. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Rudrapur P.S. Case No. 76 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with

Patna High Court CR. MISC. No.71592 of 2022(2) dt.17-03-2023 3/3 two sureties of the like amount each to the satisfaction of the learned 7th Additional Sessions Judge-cum-Special Judge, POCSO Act, Madhubani.

(Sunil Kumar Panwar, J) shubham/- U T