Sonu Kumar @ Sushant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14593 of 2023 Arising Out of PS. Case No.-10 Year-2021 Thana- KORMA District- Sheikhpura ====================================================== SONU KUMAR @ SUSHANT KUMAR S/o Vishwanath Prasad Singh R/o - Chande, P.S.- Korma, Distt- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 354 of Indian Penal Code and Sections 8 and 10 of POCSO Act and Sections 34/37(C), 37(D) of Excise Act.

The prosecution case, in short, is that the daughter of the informant did not return after attending coaching classes then informant started searching and found her daughter in unconscious state in a house of Brahamdeo Prasad. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. There is no recovery of liquor made in the present

Patna High Court CR. MISC. No.14593 of 2023(2) dt.29-04-2023 2/2 case. The petitioner has been made accused due to mistake of fact. It is alleged that petitioner in drunken state tried to misbehaved with the victim. Subsequently, vide Annexure-3, the matter has been settled between the parties and the informant does not want to pursue the present prosecution. On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with POCSO Case No. 7/2021 arising out of Korma P.S. case No. 10/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T