Dhananjay Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76568 of 2023 Arising Out of PS. Case No.-90 Year-2023 Thana- CHANPATIA District- West Champaran ====================================================== DHANANJAY RAJAK S/O RAMCHANDRA BAITHA RESIDENT OF VILLAGE- MISHRAULI, P.S.- KUMARBAGH O.P., DISTRICT- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 366A, 323, 504 and 34 of the Indian Penal Code and Sections 8 and 12 of the POCSO Act.

3. As per FIR, the allegation against the accused persons including this petitioner is that they kidnapped the minor daughter of the informant for the purpose of marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The victim has come back and in her statement recorded under Section 161 of the Cr.P.C.,

Patna High Court CR. MISC. No.76568 of 2023(2) dt.01-12-2023 2/2 she has stated that she was in love with the petitioner and she wanted to solemnize marriage with him and she also informed about the same in her house but the family members of the victim girl refused to do the same due to which she fled away with the petitioner and solemnized marriage with him. She has not raised any finger against the petitioner for any overt act. It is further submitted that the petitioner has got no criminal antecedent and languishing in judicial custody since 23.09.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chanpatiya P.S. Case No. 90 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, POCSO-cum-A.D.J.-VI, Bettiah, West Champaran/Successor Court.

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