Rajeev Rajak @ Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78491 of 2023 Arising Out of PS. Case No.-280 Year-2023 Thana- BELHAR District- Banka ====================================================== RAJEEV RAJAK @ RAJEEV KUMAR SON OF SRI SHANKAR RAJAK RESIDENT OF VILLAGE - AMAHARA, POLICE STATION - BELHAR, DISTRICT - BANKA ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Sanjay Rajak Son Of Rambriksh Rajak Resident Of Village - Amahara, Police Station - Belhar, District - Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2023 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 366(A)/34 of the Indian Penal Code and Section 8 of the POCSO Act.

3. According to the prosecution case, the petitioner is said to have abducted the minor daughter of the informant on the pretext of solemnization of marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. From perusal of impugned order, it appears that the victim girl was recovered and her

Patna High Court CR. MISC. No.78491 of 2023(2) dt.07-12-2023 2/2 statement has been recorded under section 164 of Cr.P.C., wherein, she did not support the prosecution version and stated that she went from her home out of her own sweet will. She did not whisper any complicity of the petitioner in the alleged offence. The petitioner has got no criminal antecedent and he is languishing in judicial custody since 19.5.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Belhar P.S. Case No. 280 of 2023 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-6-Cum-Special Judge, POCSO, Banka.

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