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HIGH COURT OF PATNA
Mr. Justice Partha Sarthy
RANJIT KUMAR – Appellant
Versus
THE STATE OF BIHAR – Respondent
CR. MISC./23134/2022
In cases of sexual exploitation of minors, the court will consider the nature of the allegations, the age of the victim, and the victim's statement under section 164 CrPC when deciding whether to grant bail.
Headnote:
BAIL - SECTION 376 IPC - CONSENSUAL RELATIONSHIP - MINOR - SECTION 164 CRPC - BAIL REJECTED
Fact of the Case:
The petitioner was accused of sexually exploiting the informant, a minor, for four years and threatening to kill her. The petitioner claimed that the relationship was consensual and that he had no criminal antecedents.
Finding of the Court:
The court found that the allegations against the petitioner were serious and that the informant had supported her case in her statement under section 164 CrPC. The court also noted that the petitioner had been in custody since 21.12.2021.
Issues: Whether the petitioner should be granted bail in a case of sexual exploitation of a minor.
Ratio Decidendi: The court held that the nature of the allegations, the fact that the informant was a minor, and the informant's statement under section 164 CrPC weighed against granting bail to the petitioner.
Final Decision: The court rejected the petitioner's application for bail and directed the trial court to expedite the trial.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23134 of 2022
Arising Out of PS. Case No.-718 Year-2021 Thana- NATHNAGAR District- Bhagalpur
======================================================
RANJIT KUMAR son of Bijay Kumar Sharma Resident of Village - Karela,
Police Station - Madhusudanpur, District - Bhagalpur.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Syed Masleh Uddin Ashraf, Advocate
For the Opposite Party/s :
Mr. Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3
11-01-2023
Heard learned counsel for the parties.
The petitioner has preferred this application for grant
of regular bail in a case registered under sections 376 and 506 of
the Indian Penal Code.
As per the prosecution case, it is stated by the
informant that the petitioner sexually exploited her for about
four years and also threatened to kill her.
It is submitted by learned counsel for the petitioner
that the petitioner has been falsely implicated in the case. The
informant is a married lady. From the allegations in the F.I.R it
appears that the relations between the parties were consensual.
The petitioner is in custody since 21.12.2021 and has no
criminal antecedent. Learned counsel for the petitioner in
support of his submissions relies on the orders of the
Patna High Court CR. MISC. No.23134 of 2022(3) dt.11-01-2023
2/2
Honourable Supreme Court dated 14.7.2022 passed in Cr.
Appeal no. 962 of 2022 (Ansaar Mohammad Vs. The State of
Rajasthan & Anr.) and order dated 27.7.2022 passed in Criminal
Appeal no. 442 of 2022 (Mandar Deepak Pawar Vs. The State
of Maharashtra & Anr.)
The application for bail is opposed by learned
A.P.P. for the State who submits that the informant has
supported her allegations in her statement under section 164
Cr.P.C.
Having heard learned counsel for the parties and
taking into consideration the nature of allegation, the informant
being a minor on the date from which the alleged sexual
exploitation by the petitioner commenced ie 4 years before the
registering of the F.I.R. together with the informant having
supported the case in her statement under section 164 Cr.P.C.,
the Court is not inclined to enlarge the petitioner on bail and the
application is rejected.
Learned trial Court is directed to expedite the trial.
shiv/-
(Partha Sarthy, J)
U
T
