Kumod Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18640 of 2021 Arising Out of PS. Case No.-269 Year-2020 Thana- BANMANKHI District- Purnia ====================================================== Kumod Bhagat Son of Boku Bhagat Resident of Dhamdaha, P.S.- Dhamdaha, District- Purnea.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajit Kumar Singh For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-11-2021 Heard both parties.

The petitioner seeks bail in Banmankhi P.S. Case No. 269 of 2020, registered for the offence punishable under Sections 376,323 of the Indian Penal Code, sections 4, 6, 12, 17 of the POCSO Act, sections 3, 4, 5, 6 of ITP Act and sections 75, 79 of the JJ Act.

On secret information, a raid was conducted at the house of Md. Nizam @ Noor Alam where two minor girls were found in objectionable condition with petitioner and co-accused Md. Shahjad. Petitioner, co-accusd Md. Shahjad and Tarognath Koyel were apprehended by the police.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case on the basis of suspicion. Petitioner was not apprehended on the spot. The so-

Patna High Court CR. MISC. No.18640 of 2021(3) dt.29-11-2021 2/2 called victim girl in their statement under Section 164 Cr.P.C has not supported the prosecution case and submitted that while they were playing then police came and took them in their custody. Petitioner claims clean antecedent and he is in custody since 19.10.2020.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged 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 learned Additional District & Sessions Judge 6th-cum-Special Judge (POCSO Act), Purnea in connection with Banmankhi P.S. Case No. 269 of 2020.

(Prabhat Kumar Singh, J) vinita/- U T