Ratnesh Yadav @ Ratnesh Kumar Vs The State of… — Child Sexual Offences (POCSO) | Patna HC (2024)

Ratnesh Yadav @ Ratnesh Kumar Vs The State of… — Child Sexual Offences (POCSO) | Patna HC (2024)

What the court decided

AI extract

Outcome

Regular bail granted: petitioner Ratnesh Yadav @ Ratnesh Kumar to be released on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge, POCSO at Saharsa, in connection with Nawhatta P.S. Case No. 190 of 2023 and Special Case No. 79 of 2023, subject to the condition that he shall cooperate in the disposal of the trial and make himself available as and when required by the court.

Issue for consideration

Whether the petitioner, an accused in Nawhatta P.S. Case No. 190 of 2023 (offences under Sections 363, 366(A), 376(3) of the IPC and section 4 of the POCSO Act, 2012), should be released on regular bail. +1 more

Court's answer

Considering the above-mentioned facts and circumstances as well as the petitioner's clean antecedent, the court directed his release on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge, POCSO at Saharsa, in connection with Nawhatta P.S. Case No. 190 of 2023 as well as Special Case No. 79 of 2023.

Ratio / Principle

On the age question, the court recorded that as per the medical report the victim's age was determined between 18-20 years, while the informant himself had stated her age as 21 years.

Key takeaways

The court observed that, the Headmaster having stated there was no school record of the victim's date of birth, it appears the victim went according to her own sweet will with the petitioner and the co-accused.ratio¶20

Detailed headnote1 paragraphs

Patna High Court (Nawneet Kumar Pandey, J), by order dated 01-08-2024 in CR. MISC. No.28548 of 2024, granted regular bail to Ratnesh Yadav @ Ratnesh Kumar, accused in Nawhatta P.S. Case No. 190 of 2023, District Saharsa, registered for offences under Sections 363, 366(A), 376(3) of the IPC and section 4 of the POCSO Act, 2012, the case being pending as Special Case No. 79 of 2023 before the Special Judge, POCSO, Saharsa. Weighing the age controversy, the court noted that the medical report determined the victim's age between 18-20 years, the informant had stated 21 years in the fardbeyan, and the Headmaster, examined in the court below, confirmed that no school record of her date of birth existed; the court further observed that the victim appeared to have gone with the petitioner and the co-accused of her own accord. Taking into account these circumstances and the petitioner's clean antecedent, bail was fixed at Rs.10,000/- with two sureties of the like amount each, subject to the petitioner's cooperation in the disposal of the trial.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28548 of 2024

Arising Out of PS. Case No.-190 Year-2023 Thana- NAUHATTA District- Saharsa

======================================================

Ratnesh Yadav @ Ratnesh Kumar Son of Upendra Yadav Resident of VillageBhagwanpur, Ward No. 05, P.S. Saur Bazar (Baijnathpur O.P.) DistrictSaharsa, Bihar, Pin Code- 852221

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Dilip Kumar For the Opposite Party/s : Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

3 01-08-2024

Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Nawhatta P.S. Case No. 190 of 2023, registered for the offences punishable under Sections 363, 366(A), 376(3) of the IPC and section 4 of the POCSO Act, 2012.

As per allegation, the daughter of the informant went missing. The informant along with his family members went to search for her but she was not found. Rs. 1,47,000/- was missing from box, kept in his house. Further, the informant suspected that some unknown persons enticed away his daughter.

Patna High Court CR. MISC. No.28548 of 2024(3) dt.01-08-2024 2/3

The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He is a person of clean antecedent. He has submitted further that the victim is a major. In her medical examination, she was found between 18-20 years and the informant who is father of the victim stated the age of the victim as 21 years in his fardbeyan . He has also submitted that the entries in school certificate of class-V of the victim cannot be relied upon because it was not corroborated by the Headmaster, who was examined in the court below. The Headmaster stated that no record was available in his school, relating to date of birth of the victim. In these circumstances, the age of the victim, determined by the Medical Board, should be given priority on the date entered into the certificate of class-V of the victim.

On the other hand, the learned APP for the State has opposed the prayer for bail and submitted that as per entries in the school certificate, the victim was minor on the date of occurrence.

As per medical report, the age of the victim has been determined between 18-20 years. The informant himself stated the age of the victim as 21 years. The Headmaster of the school states that there is no existence in the School in relation

Patna High Court CR. MISC. No.28548 of 2024(3) dt.01-08-2024 3/3

to date of birth of the victim. It appears that the victim went according to her own sweet will with the petitioner and coaccused.

Considering the above-mentioned facts and circumstances as well as clean antecedent, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge, POCSO at Saharsa in connection with Nawhatta P.S. Case No. 190 of 2023 as well as Special Case No. 79 of 2023, subject to the following condition:-

(i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J)

kundan/-

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