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Patna High CourtCR. MISC./78549/2023allowed

Ravi Ranjan @ Bambaiya v. The State Of Bihar

2024-02-29Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78549 of 2023 Arising Out of PS. Case No.-33 Year-2022 Thana- MAHILA P.S. District- Vaishali ====================================================== RAVI RANJAN @ BAMBAIYA SON OF RAM DARASH BHAGAT RESIDENT OF VILLAGE- BHEROKHRA, PS- PATEPUR, DISTT- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prakash Chandra Jha For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 376, 504, 506, 34 of the Indian Penal Code and Section 4 of POCSO Act.

3. As per FIR, the informant alleged that the petitioner on false pretext of solemnization of marriage sexually exploited her.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this

Patna High Court CR. MISC. No.78549 of 2023(3) dt.29-02-2024 2/3 present case. There is inordinate delay of approximately 13 days without given any cogent reason. As per statement of the victim recorded under Section 164 of the Cr.P.C., is annexed with Case Diary, from which it appears that the victim is about 17 years and she is well acquainted with the petitioner and earlier there was consensual relationship between both of them. As per Annexure-2, it also appears that the victim had already solemnized marriage with one Raghubir Kumar. It is further submitted that as per Medical Report, doctor has opined that no evidence of sexual assault was found on the body of the victim. Moreover, the petitioner is languishing in judicial custody since 29.03.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mahila P.S. Case No. 33 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum Special Judge,

Patna High Court CR. MISC. No.78549 of 2023(3) dt.29-02-2024 3/3 POCSO Vaishali at Hajipur.

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