Dheeraj Kumar @ Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7513 of 2022 Arising Out of PS. Case No.-190 Year-2020 Thana- NATHNAGAR District- Bhagalpur ====================================================== DHEERAJ KUMAR @ DHIRAJ KUMAR Son of Prakash Choudhary Resident of Village - Bhimkitta, 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 For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-04-2022 Heard learned counsel for the parties.

Earlier, the bail petition of petitioner was rejected, vide order dated 10.06.2021 passed in Cr.Misc. No. 1902 of 2021 (Annexure-1).

It is submitted on behalf of the petitioner that in this case, charge has already been framed on 03.02.2021, but out of nine charge-sheeted witnesses, only one witness has been examined by the prosecution till date. It is further submitted that the victim girl, in her statement recorded under Section 164 Cr.P.C., has not named this petitioner. Petitioner is in custody since 21.03.2020 i.e. more than two years, having no criminal antecedent.

Learned A.P.P. for the State has opposed the bail petition.

Patna High Court CR. MISC. No.7513 of 2022(3) dt.20-04-2022 2/2 Considering the period of custody and clean antecedent of petitioner, the bail petition of petitioner is allowed. Let the above named 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 learned Exclusive Special Judge POCSO Act -cum- Additional Sessions Judge VI, Bhagalpur in connection with POCSO Case No. 70 of 2020, arising out of Nathnagar P.S. Case No. 190 of 2020. (Prabhat Kumar Singh, J) anay/- U T