Mukul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10251 of 2024 Arising Out of PS. Case No.-312 Year-2023 Thana- HASPURA District- Aurangabad ====================================================== Mukul Kumar, aged about 22 years, Male, S/O- Mithilesh Kumar Singh R/OVillage- Murari, P.S.- Karpi, Dist.- Arwal. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Abhay Singh S/O- Ram Slok Singh R/O- Village- Durgapur, P.O- Khutahan, P.S.- Haspura, Dist.- Aurangabad.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Prasad Singh, Advocate For the Opposite Party/s:

Mr. Lalan Kumar, APP For the Informant :

Mr. Arvind Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 27-02-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Haspura P.S. Case No. 312 of 2023 registered for the offence under Sections 448 and 354 of the Indian Penal Code and Sections 8/12 of the POCSO Act.

3. As per the prosecution case, the informant was sleeping in his home, in the meanwhile, he heard some sound and after hearing the sound family members awakened and saw a boy molesting with his daughter aged about 16 and half years. Thereafter the victim named this petitioner Mukul Kumar and thereafter apprehended the petitioner.

Patna High Court CR. MISC. No.10251 of 2024(2) dt.27-02-2024 2/3 4.

Learned counsel appearing on behalf of the petitioner has falsely been implicated in this case. He next submits that the informant wants to solemnize the marriage of the petitioner with the daughter of the informant but guardian of the petitioner at the time of occurrence was not ready to solemnize marriage of the petitioner with the daughter of the informant. Petitioner has got clean antecedent as stated in para-3 of the petition and petitioner is in custody since 10.12.2023. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

On perusal of the first information report and also Annexure-2, i.e, compromise petition, it appears that both parties have compromised the case and there is no grievance between the petitioner and the informant and the compromise petition also mentions that at present petitioner is in custody and when he is released on bail, he will marry the daughter of the informant, in these circumstances, I am inclined to grant bail to the petitioner. Accordingly, let the petitioner, above named, is directed to be released on bail in connection with Haspura P.S. Case No.312 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-

Patna High Court CR. MISC. No.10251 of 2024(2) dt.27-02-2024 3/3 cum-Exclusive Special Judge POCSO Act, Aurangabad Bihar. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T