Chhotu Kumar @ Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9889 of 2023 Arising Out of PS. Case No.-17 Year-2022 Thana- ANTI District- Gaya ====================================================== CHHOTU KUMAR @ SANJAY KUMAR S/OBINOD VISHWAKARMA R/v- Parariya (Chhotki), P.S.- Magadh University, District- Gaya ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar, Advocate For the Opposite Party/s :

Mrs. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 04-05-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

Petitioner seeks regular bail in connection with Aati P.S. Case No.17 of 2022 dated 11.04.2022 registered for the offence punishable under Section 366A of the Indian Penal Code.

3.

The main submissions advanced by the learned counsel for the petitioner are that the petitioner is not named in the FIR, he is 19 years old young person , he has been languishing in jail since 06.07.2022 in the present matter and against him the investigation has been completed. Further submissions are that the victim did not say anything against the petitioner in her statements recorded under Sections 161 and 164 Cr.P.C. and the trial Court while rejecting the petitioner's

Patna High Court CR. MISC. No.9889 of 2023(2) dt.04-05-2023 2/2 prayer in the order impugned also observed that the victim did not say anything against the petitioner, in fact the victim was in habit of leaving her parent's house without informing anyone and some days before the alleged occurrence she had also gone away without giving any information to anyone and the said fact finds place in the FIR itself.

4.

Learned APP appearing for the State has opposed the bail prayer.

5.

Considering the above submissions and mainly considering the petitioner's fair and clean antecedent, completion of investigation against him and also the fact that the victim in her statement recorded under Section 161 of Cr.P.C. did not make any allegation against the petitioner as discussed in the order impugned and the petitioner is stated to be 19 years old young person, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Aati P.S. Case No.17 of 2022.

(Shailendra Singh, J) sangam/- U T