Vikash Kumar Rana v. The State of Assam and Anr

PageoNo.#o1/2 GAHC010018782024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./321/2024o VIKASHoKUMARoRANAo S/OoLT.oSURESHoRANA,oR/OoBAHUGHAT,oCHANWARDAIoNAGAR,oP.S.- SIKANDARoPOP,oDIST-oMUZAFFARPUR,oBIHAR VERSUSo THEoSTATEoOFoASSAMoANDoANRo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM 2:SMTI.oREKHAoRAY oW/OoSANTOSHoRAY oH.oNO.-35 oREHABARI oMADHABoDEVPUR oP.S.-PALTANoBAZAR oGUWAHATI oKAMRUPo(Mo AdvocateoforotheoPetitionerooooo:oMR.oMoBISWASo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo ::kBEFOREk::k HON'BLEkMR.kJUSTICEkPARTHIVJYOTIkSAIKIA kOkkkRkkkDkkkEkkkRk

19.03.2024o Heard the learned counsel Mr. M. Biswas appearing for the petitioner. Also heard Ms. A. Begum, learned Addl. Public Prosecutor representing the State of Assam. Page No.# 2/2

¶2This is an application under Section 439 of the CrPC filed by the petitioner Vikash Kumar Rana praying for releasing him on bail after he was arrested in connection with Paltan Bazar P.S. Case No.448/2023, registered under Section 363 of the Indian Penal Code read with Section 4 of POCSO Act, 2012.

¶3Ms. Begum has objected to the bail prayer on the ground that the girl is 16 years old.

¶4On 10.10.2023, an FIR was lodged alleging that Smti. Nikita Ray was missing from her house.

¶5Later on, the girl was recovered by police.

¶6She has given a statement under Section 164 of the CrPC stating that she was in love with the petitioner and she had eloped with him. Both went to Delhi where her mother contacted her. She met her mother and at that time she was brought to Guwahati by police.

¶7The girl was in love with the petitioner and she had eloped with him on her own. Therefore, this Court is of the opinion that the petitioner Vikash Kumar Rana does not deserve to be detained in custody for any further period of time. His bail application is allowed.

¶8The petitioner (Vikash Kumar Rana) who has been arrested in connection with Paltan Bazar P.S. Case No.448/2023, registered under Section 363 of the Indian Penal Code read with Section 4 of POCSO Act, 2012 (corresponding to Sessions (Spl) Case No.30/2024), is allowed to go on furnishing bail bond of ₹20,000/- with one surety of like amount to the satisfaction of the learned Additional Sessions Judge-cum-Special Judge (POCSO), Kamrup (M) at Guwahati. The bail application is disposed of. Case diary shall be returned. JUDGE Comparing Assistant