Patna High CourtCR. MISC./73951/2023bail granted

Rajeev Singh @ Rajiv Singh v. The State Of Bihar

2024-04-26Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73951 of 2023 Arising Out of PS. Case No.-86 Year-2023 Thana- PANJWARA District- Banka ====================================================== Rajeev Singh @ Rajiv Singh Son of Pappu Singh Village Ps- Panjwara DistBanka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey, Advocate For the State :

Mr.Dr. Kumar Uday Pratap, APP For the informant :

Mr. Ajay Mukharjee, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner; learned APP for the State and learned counsel for the informant.

2. The petitioner seeks bail in connection with Panjwara P.S. Case No. 86 of 2023 registered for the offence punishable under Sections 363/366(A) of the Indian Penal Code.

3. As per the prosecution case, the petitioner is accused of kidnapping the victim girl.

4. From the statement of the victim girl, it appears that she had gone with the petitioner and they had got married in a temple. Subsequently, she was kept with Deepak Singh when the petitioner learnt that a case has been filed against him and Deepak has committed rape with the victim. The petitioner is in jail since 07.07.2023.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.73951 of 2023(6) dt.26-04-2024 2/2 that it appears to be a case of elopement with Rajeev Singh and when Rajeev Singh tried to hide the victim with the help of Deepak, then Deepak is said to have committed rape with the victim.

6. Learned counsel for the informant has opposed the prayer for bail and has submitted that the prayer for bail of the co-accused Deepak Kumar Singh has been rejected by this Court on 19.10.2023 in Cr. Misc. No. 68541 of 2023.

7. From the statement of the victim girl, it appears that she had eloped with the petitioner though subsequently, Deepak Singh has committed rape with her. There is no allegation of any rape etc. against the petitioner.

8. Considering the nature of allegation and the period of custody, this application is allowed.

9. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-6-cum-Special Judge POCSO, Banka in connection with Panjwara P.S. Case No. 86 of 2023. (Sandeep Kumar, J) P. Kumar U T