Patna High CourtCR. MISC./14759/2019rejected

Amit Kumar @ Aditya Kumar And ANR v. The State Of Bihar

2020-06-18Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14759 of 2019 Arising Out of PS. Case No.-204 Year-2018 Thana- KARJA District- Muzaffarpur ====================================================== 1.

Amit Kumar @ Aditya Kumar Son of Ratan Singh @ Ratnesh Kumar 2.

Balendra Kumar Son of Ram Nath Sahni Both resident of Village - Akhtiyarpur, P.S. Karja, District - Muzaffarpur ... ... Petitioners

Versus

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

For the Petitioner :

Mr.Alok Kumar Alok, Advocate For the Opposite Party :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-06-2020 At the very outset, learned counsel appearing on behalf of the petitioners submits that petitioner no. 1, namely, Amit Kumar @ Aditya Kumar has been arrested during the pendency of this application and therefore the application on behalf of petitioner no.1 has become infructuous. It is dismissed as infructuous.

So far as petitioner no. 2, namely, Balendra Kumar is concerned, heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. Petitioner no.2 is apprehending arrest in connection with Karja P.S. Case No. 204 of 2018 for offences under Sections 342, 363 and 366 of the Indian Penal Code and Section 8 of the POCSO Act.

Patna High Court CR. MISC. No.14759 of 2019(4) dt.18-06-2020 2/2 Learned counsel for the petitioner submits that the petitioner has no criminal antecedents.

Having regard to the nature of allegations and gravity of offence, this Court is not inclined to grant bail to petitioner no. 2. The application for grant of anticipatory on behalf of petitioner no. 2, namely, Balendra Kumar is rejected. However, liberty is granted to petitioner no. 2, namely, Balendra Kumar to surrender before the court below and pray for regular. If the petitioner surrenders and prays for regular bail, the same shall be considered and disposed of on its own merits on the same day without being prejudiced by the order of this Court in the present case.

(Anil Kumar Upadhyay, J) BT/- U T