Vivek Ranjan @ Vivek Kumar vs The State Of Bihar
2021 Latest Caselaw 2935 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.36536 of 2020
  Arising out of PS. Case No.-383 Year-2019 Thana- CHIRAIYA District- East Champaran
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Vivek Ranjan @ Vivek Kumar, Gender-Male, aged about 22 years, S/o Shri Ram Chandra Ram R/o Village- Shital Patti, P.O.- Dhaka, P.S.- Chiraiya, District- East Champaran

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s     :        Mr. Shri Prakash Srivastava, Advocate
For the State            :        Mr. Anant Kumar No. 1, APP
For the Informant        :        Mr. Manish Kumar Singh, Advocate

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 01-07-2021 The matter has been heard via video conferencing.

2. Heard Mr. Shri Prakash Srivastava, learned counsel

for the petitioner; Mr. Anant Kumar No. 1, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State and Mr. Manish Kumar Singh, learned counsel for the

informant.

3. The petitioner apprehends arrest in connection with

Chiraiya PS Case No. 383 of 2019 dated 28.07.2019, instituted

under Sections 363/366(A)/420/376/34 of the Indian Penal Code

and 8, 10 and 12 of the Protection of Children from Sexual

Offences Act, 2012 (hereinafter referred to as the 'POCSO Act').

4. The allegation against the petitioner is that he along

with his brother had abducted the informant and had physically Patna High Court CR. MISC. No.36536 of 2020 dt.01-07-2021

abused her and that when they saw a police party on 01.07.2019

the accused had fled away and when the informant went to the

police station, there was no response and then she filed the

complaint case on 05.07.2019, which has been sent to the police

resulting in institution of the present FIR.

5. Learned counsel for the petitioner submitted that he

and his brother are next door neighbours of the informant and,

thus, the allegation itself appears to be false, more so, since it

cannot be believed that two brothers would together commit such

act. It was further submitted that it is also unbelievable that when a

girl goes to the police to report physical abuse, it shall not be

entertained. Further, learned counsel submitted that in the past also

the informant has instituted Ludhiana PS Case No. 402 of 2018 in

the State of Punjab, against one Satyendra Kumar, son of

Jagannath Bharti, resident of village - Kiratpur Kuniya, PS Bashi,

District - Balia in the state of Uttar Pradesh, under Section 376 of

the Indian Penal Code and 3/4 of the POCSO Act. It was submitted

that the petitioner has no criminal antecedent.

6. Learned APP submitted that the petitioner is also

alleged to have committed rape.

Patna High Court CR. MISC. No.36536 of 2020 dt.01-07-2021

7. Learned counsel for the informant submitted that later

on the parties have compromised the matter and now the informant

also does not want to pursue the matter.

8. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with

two sureties of the like amount each to the satisfaction of the 1st

Additional Sessions Judge-cum-Special Judge, POCSO Act, East

Champaran, Motihari in Chiraiya PS Case No. 383 of 2019,

subject to the conditions laid down in Section 438(2) of the Code

of Criminal Procedure, 1973 and further (i) that one of the bailors

shall be a close relative of the petitioner, (ii) that the petitioner and

the bailors shall execute bond and give undertaking with regard to

good behaviour of the petitioner, and (iii) that the petitioner shall

cooperate with the Court and police/prosecution. Any violation of

the terms and conditions of the bonds or the undertaking or failure

to cooperate shall lead to cancellation of his bail bonds.

8. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioner, to

the notice of the Court concerned, which shall take immediate Patna High Court CR. MISC. No.36536 of 2020 dt.01-07-2021

action on the same after giving opportunity of hearing to the

petitioner.

9. The petition stands disposed off in the aforementioned

terms.

(Ahsanuddin Amanullah, J)

Vikash/-

AFR/NAFR U T