Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83160 of 2024 Arising Out of PS. Case No.-217 Year-2024 Thana- RAFIGANJ District- Aurangabad ====================================================== Raushan Kumar Son of Ram Pravesh Yadav Resident of Village- Thaai, P.O.- Sarabak, P.S.- Rafiganj, Distt.- Aurangabad ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Ramesh Das Son of Chandradeep Das Resident of Village- Charkawan, PSRafiganj, District -Aurangabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lalbahadur Singh For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-04-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Rafiganj P.S. Case No. 217/2024 dated 06.06.2024 registered for the offence punishable u/s 366A of the Indian Penal Code and Section 8 and 12 of the POCSO Act.

3. As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant on the pretext of marriage.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.83160 of 2024(5) dt.21-04-2025 2/2 this case. Learned counsel has submitted that the victim has not raised any alarm while she was being taken to Delhi. There is nothing on record which shows that the victim was forced or seduced to have illicit intercourse with another person. The petitioner has one antecedent in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 26.09.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the victim in her statement recorded u/s 164 of the Cr.P.C. has stated that the petitioner kidnapped her on the gun point and took her to Delhi.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Aurangabad, Bihar in connection with Rafiganj P.S. Case No. 217/2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T