Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71529 of 2022 Arising Out of PS. Case No.-114 Year-2021 Thana- PARASBIGHA District- Jehanabad ====================================================== RANJAN KUMAR S/O SARWAN KUMAR Resident of village- Babu Amauna, P.S.- Daud Nagar, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-03-2023 Heard learned counsel appearing on behalf of the parties.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Parasbigha P.S. Case No. 114 of 2021 registered for the offence under Sections 363, 366A, 341, 323, 307, 504, 506 and 34 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 06.09.2022.

The allegation against the petitioner is to assault informant and his father along with other named co-accused person, namely, Roshan Kumar, who alleged to kidnap the minor daughter of the informant, aged about 16 years, for the

Patna High Court CR. MISC. No.71529 of 2022(2) dt.17-03-2023 2/3 purpose of illicit intercourse.

Learned counsel appearing on behalf of the petitioner submitted that allegation as regard to assault is appearing very much general and omnibus against this petitioner, where, father of informant received simple injury and informant himself received a single injury, creating a doubt on the face of allegation as regard to collective assault, raised through the present FIR. It is submitted that allegation as raised for kidnapping and sexual assault is specifically available against other co-accused, namely, Raushan Kumar and not against this petitioner. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, chargesheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as allegation as regard to assault is very much general and omnibus against this petitioner, where, allegation of kidnapping and sexual assault is available against other coaccused person, namely, Raushan Kumar coupled with the fact

Patna High Court CR. MISC. No.71529 of 2022(2) dt.17-03-2023 3/3 that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Parasbigha P.S. Case No. 114 of 2021, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-VI-cum-Special Judge (POCSO) Act, Jehanabad/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Katyayan/- U T