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Patna High CourtCR. MISC./86377/2023allowed

Raghunandan Kumar Singh @ Raghunandan Singh @ Chhotu Singh v. The State Of Bihar

2024-01-30Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86377 of 2023 Arising Out of PS. Case No.-162 Year-2023 Thana- SABAUR District- Bhagalpur ====================================================== Raghunandan Kumar Singh @ Raghunandan Singh @ Chhotu Singh, S/o Pramod Singh, R/o Village- Saidpur (Kathaun), P.S.-Sajour, DistrictBhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with POCSO Case No. 97 of 2023 arising out of Sabour (Goradih) P.S. Case No. 162 of 2023 for the offence registered under Sections 366(A), 376, 120(B), 34 of the I.P.C. and Section 4 of the POCSO Act.

3. As per the prosecution case, the informant's daughter has been kidnapped by the accused persons including the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. The victim girl was more than 18 years old at the

Patna High Court CR. MISC. No.86377 of 2023(3) dt.30-01-2024 2/2 time of occurrence and with her own sweet will she solemnized marriage with the petitioner. In trial also she stated in her deposition that she has solemnized marriage with the petitioner. He further submits that regarding age of the victim supplementary affidavit has also been filed along with a copy of the mark-sheet of the victim, issued by the Bihar School Examination Board, Patna which shows the date of birth of the victim is 01.01.2005. Petitioner is in jail custody since 23.03.2023 having no criminal antecedent. Petitioner also undertakes to cooperate with the trial.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions on behalf of the parties and the facts and circumstances of the case, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned court below in POCSO Case No. 97 of 2023 arising out of Sabour (Goradih) P.S. Case No. 162 of 2023. (Sunil Dutta Mishra, J) khushbu/- U T