Patna High CourtCR. MISC./84138/2023bail granted

Ram Amar Yadav v. The State Of Bihar

2024-01-10Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84138 of 2023 In CRIMINAL APPEAL (SJ) No.4695 of 2023 Arising Out of PS. Case No.-88 Year-2023 Thana- RIVILGANJ District- Saran ====================================================== Ram Amar Yadav S/O Ragho Prasad Yadav @ Raghav Prasad Yadav R/O Village- Tedwa Aima, P.S.- Utaraula, District- Balrampur (U.P.) ... ... Petitioner/s

Versus

The State Of Bihar 2.

Sharda Devi W/O Ramu Manjhi R/O Village- Mukarera, P.S.- Rivilganj, District-Saran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Chandra Gandhi, Adv.

For the Opposite Party/s :

Mr. Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Rivilganj P.S. Case No. 88 of 2023, POCSO-100 of 2023 dated 18.04.2023, lodged under Sections 366(A), 372, 120(B) and 34 of the I.P.C. read with Section 6 of the POCSO Act, 2012 and Sections 3(i)(r) and 3(2)(va) of the SC/ST (POA) Act, 1989.

3. As per the prosecution case, the F.I.R. has been lodged against one named accused. The victim girl was in a relationship with one Banke Bihari and she fled away from her house.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.84138 of 2023(4) dt.10-01-2024 2/2 petitioner is innocent and has committed no offence. He submits that the petitioner is in custody since 23.06.2023 having clean antecedent.

5. Learned counsel for the petitioner further submits that the victim herself eloped from her house and got married to one Ram Amar Yadav (petitioner). In her statement under Section 164 of Cr.P.C., she said that money transaction took place for her marriage with Ram Amar Yadav (petitioner).

6. Learned A.P.P. for the State opposes the prayer for bail.

7. Considering the facts and circumstances of the case, this bail application is allowed.

8. Let the petitioner above named, be granted bail only after framing of charge on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum-Exclusive Special Judge POCSO Act, Saran at Chapra in connection with Rivilganj P.S. Case No. 88 of 2023, POCSO-100 of 2023.

(Sandeep Kumar, J) sadique/- U T