Patna High CourtCR. MISC./75254/2024bail granted

Rakesh Kumar v. The State Of Bihar

2025-01-22Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75254 of 2024 Arising Out of PS. Case No.-44 Year-2024 Thana- TANDWA District- Aurangabad ====================================================== Rakesh Kumar Son of Birender Paswan @ Birendra Paswan Village- Parasiya Rampur, P.S.- Tandwa, District- Aurangabad ... ... Petitioner/s

Versus

The State of Bihar Bihar 2.

Aarati Kumara D/O Late Kameshwar Paswan Village- Parasiya Rampur, P.S.- Tandwa, District- Aurangabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Rupa Kumari, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, App Mr. Krishna Pd. Singh, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-01-2025 Heard the learned counsel for the petitioner, learned APP for the State and learned counsel for the O.P. No. 02.

2. The petitioner seeks regular bail in the present case registered for the offence under Sections 341, 323, 376, 504, 506, 34 of the Indian Penal Code and under Section 4/6 of the POCSO Act.

3. As per the prosecution case, petitioner is accused of getting married to the victim and subsequently deserted her.

4. Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence. Petitioner is in custody since 26.06.2024.

5. Learned A.P.P. has vehemently opposed the prayer

Patna High Court CR. MISC. No.75254 of 2024(3) dt.22-01-2025 2/2 for bail.

6. The learned senior counsel for the informant; Sri Krishna Pd. Singh has submitted that the petitioner has deserted the victim girl who is a minor after getting married to her and he doesn't deserve bail.

7. Considering the period of custody, this application for regular bail is allowed.

8. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-VI-cum-Special Exclusive Judge, POCSO Act, Aurangabad/concerned Court below in connection with Tanarwa @ Tandwa P.S. Case No. 44 of 2024 subject to condition that:- 7(i) The petitioner shall appear in the trial regularly either personally or through his lawyer and shall cooperate in the trial and noncooperation in the trial shall result in cancellation of the bail bond of the petitioner.

(Sandeep Kumar, J) Shishir/- U T