Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13059 of 2020 Arising Out of PS. Case No.-176 Year-2018 Thana- MATIHANI District- Begusarai ====================================================== SANTOSH KUMAR Son of Ram Pukar Tanti Resident of Village - Pannapur, P.S. - Matihani, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Randhir Kumar No.1 For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-03-2020 Heard learned counsel for the parties.

This application for regular bail arises out of POCSO Case No. 55 of 2019 arising out of Matihani P.S. Case No. 176 of 2018, disclosing offences punishable under Sections 376(g), 120(b), 366A of the Indian Penal Code and 4/8 of the POCSO Act but the charge-sheet has been submitted under Sections 366(A), 354(b), 342/34 of the Indian Penal Code and 12 of the POCSO Act.

Learned counsel appearing on behalf of the petitioner has drawn my attention to the statement of the victim under Section 164 Cr.P.C. and has submitted that apparently, the allegation of sexual assault is against the co-accused Sumit Kumar, who has been allowed regular bail by this Court by an

Patna High Court CR. MISC. No.13059 of 2020(2) dt.03-03-2020 2/2 order dated 25.04.2019, passed in Cr. Misc. No. 24854 of 2019. Keeping in mind the fact that the co-accused Sumit Kumar has been allowed regular bail, this application is allowed.

Let the petitioner above named 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 Sessions Judge 1st-cum-Special Judge POCSO Act, Begusarai in connection with POCSO Case No. 55 of 2019 arising out of Matihani P.S. Case No. 176 of 2018. (Chakradhari Sharan Singh, J) AKASH/- U T