Patna High CourtCR. MISC./9420/2025bail granted

Ankit Kumar v. The State Of Bihar

2025-02-14Mr. Justice Harish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9420 of 2025 Arising Out of PS. Case No.-71 Year-2024 Thana- DUMRAO District- Buxar ====================================================== Ankit Kumar, Son of Sudarshan Yadav, Resident of Village - Nandan, P.S. - Dumraon, District - Buxar ... ... Petitioner/s

Versus

The State of Bihar 2.

Munna Devi, Wife of Suresh Pasi, Resident of Ward No.5, Village - Nandan, P.S. - Dumraon, District - Buxar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Verma, Advocate Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 14-02-2025 Heard Mr. Sanjay Kumar Verma, learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.

2. The application for grant of bail to the petitioner who is in custody in connection with Dumraon P.S. Case No. 71 of 2024 registered for the offence punishable under Sections 363, 364A of the Indian Penal Code as well as under Section 8/12 of the POCSO Act.

3. This is the second attempt made on behalf of the petitioner, as earlier the prayer for bail of the petitioner was turned down by this Court vide order dated 21.09.2024 in Criminal Miscellaneous No. 48652 of 2024, after considering

2/4 the age of the victim and the medical examination, as well as the materials collected during the course of investigation.

4. Learned Advocate appearing on behalf of the petitioner contended that while negating the prayer for bail of the petitioner, on the last occasion liberty was accorded to the petitioner to renew his prayer for bail after deposition of the victim girl is recorded. Drawing the attention of this Court to the Annexure P/4, it is contended that now the victim was examined on 10.01.2025 by the trial court and her deposition was recorded. The petitioner also undertakes that he will fully cooperate in the trial and he will remain present on each and every date of the trial, till its conclusion.

5. On the other hand, learned Additional Public Prosecutor for the State vehemently opposes the bail application and submits that the family members of the petitioner are indulged in giving threatening to the witnesses.

6. Regard being had to the submissions made on behalf of the parties and considering the observation of this Court, and the tender age of the petitioner, who has been incarcerated since 30.03.2024 and also the fact that deposition of victim has already been made, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs. 10,000/-

3/4 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-VI-cum-Special Judge, POCSO Act, Buxar in connection with Dumraon P.S. Case No. 71 of 2024, subject to the condition that the petitioner and his associate shall not indulge in intimidating the witness or causing interference in the trial and also that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

(v) The court below shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take immediate step for cancelling the bail bond of the petitioner. However, the acceptance of bail bonds, in

4/4 terms of the above-mentioned order, shall not be delayed for this purpose or in the name of verification.

(Harish Kumar, J) supratim/- U T