Ritesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73008 of 2022 Arising Out of PS. Case No.-473 Year-2022 Thana- RAMKRISHNANAGAR District- Patna ====================================================== RITESH KUMAR S/o Late Lalji Prasad R/o Village- Ekangar Sarai, (Akbarpur), P.O. Ekangarsarai, P.S.- Ekangar Sarai, District- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Kumar, Advocate For the Opposite Party/s :
Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 29-04-2023 Learned counsel for the petitioner is permitted to delete the word 'late' before the name of the father of the petitioner from the cause title in the course of the day. Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail who is in custody since 06.09.2022 in connection with Special Case No. 120/2022 arising out of Ramkrishna Nagar P.S. Case No. 473 / 2022 for the offences under Sections 342, 376, 506/34 I.P.C. and Sections 3/4/5/6 of Immoral Trafficking Prevention Act and 4/6 POCSO Act.
The allegation against the petitioner is that he alongwith co-accused were involved in the sex racket. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.73008 of 2022(2) dt.29-04-2023 2/3 petitioner has no criminal antecedent and due to being relative of co-accused Mamta Devi he has falsely been implicated in this case.
Further, he submits that the victim girl in the statement recorded under 164 of the Code of Criminal Procedure, 1973 has not supported the prosecution case. Learned counsel for the petitioner submits that other two co-accused persons have already been granted bail by Coordinate Bench of this Court vide orders dated 28.02.2023 and 19.04.2023 in Criminal Miscellaneous Case No. 63914 of 2022 and Criminal Miscellaneous Case No. 71751 of 2022. Learned counsel for the petitioner further submits that charge sheet against the petitioner has already been submitted and the petitioner is in custody since 06.09.2022.
Learned APP for the State has opposed the prayer for bail of the petitioner.
Considering the aforesaid facts and circumstances, petitioner has no criminal antecedent, this Court is inclined to grant bail to the petitioner. 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 to the satisfaction of learned the Additional Sessions Judge-VI-cum-Special Judge
Patna High Court CR. MISC. No.73008 of 2022(2) dt.29-04-2023 3/3 POSCO Act, Patna in connection with Special Case No. 120/2022 arising out of Ramkrishna Nagar P.S. Case No. 473 / 2022.
(Sunil Dutta Mishra, J) saurabhkr/- U T