Ram Amar Yadav Vs the State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2024)

Ram Amar Yadav Vs the State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2024)

What the court decided

AI extract

Outcome

Regular bail granted to petitioner Ram Amar Yadav, conditional on framing of charge, on bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-VI-cum-Exclusive Special Judge (POCSO Act), Saran at Chapra, in Rivilganj P.S. Case No. 88 of 2023, POCSO-100 of 2023.

Issue for consideration

Whether the petitioner (Ram Amar Yadav), in custody since 23.06.2023, should be granted regular bail in connection with Rivilganj P.S. Case No. 88 of 2023 (POCSO-100 of 2023) instituted under Sections 366(A), 372, 120(B) and 34 I.P.C., Section 6 POCSO Act, 2012 and Sections 3(i)(r) and 3(2)(va) SC/ST (POA) Act, 1989.

Court's answer

Considering the facts and circumstances of the case, the petitioner's bail application is allowed.

Ratio / Principle

Bail is granted to the petitioner 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 the learned Additional Sessions Judge-VI-cum-Exclusive Special Judge (POCSO Act), Saran at Chapra, in Rivilganj P.S. Case No. 88 of 2023 (POCSO-100 of 2023).

Detailed headnote1 paragraphs

Patna High Court (Sandeep Kumar, J.; oral order dated 10-01-2024) allowed the regular-bail application of Ram Amar Yadav in Criminal Miscellaneous No. 84138 of 2023 (in Criminal Appeal (SJ) No. 4695 of 2023), arising from Rivilganj P.S. Case No. 88 of 2023 (POCSO-100 of 2023, dated 18.04.2023), registered under Sections 366(A), 372, 120(B) and 34 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. The F.I.R. was lodged against one named accused; the prosecution case was that the victim girl, in a relationship with one Banke Bihari, fled from her house, while defence counsel stated she eloped and married the petitioner. The petitioner was in custody since 23.06.2023, and the victim's Section 164 Cr.P.C. statement referred to a money transaction for her marriage with him. Bail was granted only after framing of charge on bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-VI-cum-Exclusive Special Judge (POCSO Act), Saran at Chapra.

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

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

4 10-01-2024

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

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.

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.

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.

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).

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

bail.

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

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)

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