Ujawal Kumar @ Ujjwal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16566 of 2021 Arising Out of PS. Case No.-53 Year-2020 Thana- NAGAR District- Vaishali ====================================================== Ujawal Kumar @ Ujjwal Kumar, aged about 19 years, male, S/o Jitendra Kumar, R/o village- Bagamali, P.S.- Hajipur Town, Distt.- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravish Mishra, Adv.
For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-02-2022 Heard the counsel for the parties.
The petitioner seeks bail in anticipation of his arrest in connection with Hajipur Town P.S. Case No. 53 of 2020 instituted for the offences under Sections 354(D), 504, 506, 509 and 34 of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act, 2012. The accusation against the petitioner is of assisting one Rahul Kumar and Ketu Kumar in harassing the young
Patna High Court CR. MISC. No.16566 of 2021(3) dt.16-02-2022 2/3 daughter of the informant who stayed with her mother at Hajipur.
The learned counsel for the petitioner has drawn the attention of this Court to the order passed by a coordinate Bench of this Court, dated 20th of January, 2021 passed in Cr. Misc. Misc. No. 31484 of 2020, granting anticipatory bail to aforesaid Rahul Kumar and Ketu Kumar. It has further been submitted that in the aforesaid order, the co-ordinate Bench has taken note of the fact that when the boys used to laugh at the daughter of the informant, she admonished them and, thereafter, they stopped teasing her daughter.
One co-accused, namely, Vikash Kumar @ Vicky has also been granted anticipatory bail by another Bench of this Court vide order dated 11th of January, 2021 passed in Cr. Misc. No. 31481 of 2020.
It has also been submitted that the victim has not specifically alleged anything against the petitioner in her statement under Section 164 Cr.P.C.
Considering the facts afore-noted and taking into
Patna High Court CR. MISC. No.16566 of 2021(3) dt.16-02-2022 3/3 account that the petitioner is only 19 years of age, the provisional bail granted to him vide order dated 07th of January, 2022 is, hereby, confirmed. He shall remain on the same bail-bonds.
The application stands allowed.
(Ashutosh Kumar, J) Praveen-II/- U T