Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71945 of 2023 Arising Out of PS. Case No.-560 Year-2023 Thana- SHERGHATI District- Gaya ====================================================== ROHIT KUMAR SON OF ALAKHDEO RAJAK RESIDENT OF VILLAGE DEO MORE DOSMA PS DEO DIST AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anirudh Kumar Verma For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 376 and 506 of the Indian Penal Code and Sections 8/12 of the POCSO Act.

As per prosecution case, the informant/victim who is minor upon inducement to money given by the petitioner went to Delhi where he kept her in a rented house for four days and established physical relation with her. He also threatened to get the obscene photo viral. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.71945 of 2023(3) dt.31-01-2024 2/3 falsely been implicated in this case. Allegation against the petitioner in the F.I.R. is totally false and concocted. According to prosecution case, the victim/informant went with the petitioner out of her own sweet will for solemnization of marriage with him and she also live with him in Delhi for four days. No any force has been applied by the petitioner to the victim to live with him. As per medical report, the doctor assessed her age 17-18 years and there is no sign and symptoms of recent intercourse was found. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. Petitioner is languishing in judicial custody since 17.08.2023.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of 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 Sherghati P.S. Case No. 560 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.71945 of 2023(3) dt.31-01-2024 3/3 amount each to the satisfaction of learned Court of Exclusive Special Judge POCSO-cum-Additional Sessions Judge-VII, Gaya.

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