Raj Kumar @ Raj @ Raj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72952 of 2023 Arising Out of PS. Case No.-10 Year-2022 Thana- TARAPUR District- Munger ====================================================== RAJ KUMAR @ RAJ @ RAJ KUMAR YADAV S/o Late Uttam Yadav, R/o village- Banshipur, P.S.- Tarapur, District- Munger. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Sweta Kumari D/o Vijay Singh, R/o village- Chakdhobai, P.S.- Tarapur, District- Munger.

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

For the Petitioner/s :

Mr.Davendra Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-11-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Tarapur P.S. Case No. 10 of 2022, registered for offence punishable under sections 376(2)(n) of the Indian Penal Code and section 4 of the Dowry Prohibition Act.

3. As per allegation, the petitioner developed intimacy with the victim girl, who is minor, and thereafter committed rape upon her.

4. The learned counsel for the petitioner has submitted that the regular bail petition of the petitioner was rejected by this Court, vide order dated 04.05.2023 in Cr. Misc. No. 28229 of 2022 with the observation that if the trial is not concluded

Patna High Court CR. MISC. No.72952 of 2023(2) dt.03-11-2023 2/2 within a period of six months, the petitioner, if so advised, may renew his prayer for bail. He has submitted further that the fresh ground for renewal of the bail of the petitioner is that the victim did not identify the petitioner, who was present in the dock at the time of deposition of the victim and she was declared hostile.

5. On the other hand, the learned APP has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, the petitioner above-named is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (POCSO Act)-cum-Additional Sessions Judge-VI, Munger in connection with Tarapur P.S. Case No. 10 of 2022.

7. The petitioner shall remain physically present before the trial court on each and every date and if he fails to appear on two consecutive dates, his bail bond shall be cancelled.

(Nawneet Kumar Pandey, J) Mahesh/- U T