Patna High CourtCR. MISC./12181/2024bail granted

Sumangal Kumar @ Sumangal Ray v. The State Of Bihar

2024-07-05Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12181 of 2024 Arising Out of PS. Case No.-1 Year-2023 Thana- MAHILA P.S. District- Vaishali ====================================================== Sumangal Kumar @ Sumangal Ray Son of Nagina Rai Resident of Village - Khaji Chand Chhapra, P.S.- Goraul (Kathara O.P.), District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Ranjan For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-07-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks anticipatory bail in connection with Mahila P.S. Case No. 01 of 2023 registered for the offence under Sections 376 (Da), 313, 314, 120B and 23/25 PCP and DT Act read with Section 6 of POCSO Act and under Section 67A, 67B of the I.T. Act.

3. The main allegation of rape is against one Dinesh Kumar, who is the brother of the petitioner and the petitioner is also accused to have participated in the Ultrasound and abortion.

4. It has been submitted by the learned counsel for the petitioner that the petitioner is innocent and similarly situtated co-accused namely Ratnesh Kumar has been granted

Patna High Court CR. MISC. No.12181 of 2024(3) dt.05-07-2024 2/2 anticipatory bail by this Court vide order dated 3.5.2024 passed in Cr. Misc. No. 8207 of 2024.

5. Learned counsel for the informant has vehemently opposed the application of the petitioner for grant of anticipatory bail but was unable to convince this Court.

6. Considering the aforesaid facts, this application for grant of anticipatory bail is allowed.

7. Let the petitioner, above named, in the event of his arrest or surrrender before the Court below within a period of six weeks from today, 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 learned Additional District Judge-VI-cum-Exclusive Special Court, POCSO, Vaishali at Hajipur in connection with Mahila P.S. Case No. 01 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. (Sandeep Kumar, J) Vikas/- U T