Nitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22236 of 2021 Arising Out of PS. Case No.-384 Year-2019 Thana- GORAUL District- Vaishali ====================================================== NITESH KUMAR S/o Late Mishri Lal Singh R/o village- Majiya, P.S.- Goroul, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ritesh Kumar, Adv.

For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-10-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 307, 354 and other sections of the Indian Penal Code, section 27 of the Arms Act and sections 3 and 8 of the POCSO Act.

As per the prosecution case, the petitioner and five unknown accused persons came on motorcycles and tried to forcibly pull the informant's daughter on the motorcycle. On the victim raising hulla and the informant going to her rescue, it is stated that the petitioner fired in the air and escaped. It is submitted by learned counsel for the petitioner that no occurrence as alleged in the F.I.R. has taken place. The petitioner has been falsely implicated in the case. He is in

Patna High Court CR. MISC. No.22236 of 2021(2) dt.08-10-2021 2/2 custody since 11.11.2020 and chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner having remained in custody for more than 10 months, the Court directs the petitioner to be enlarged on bail in connection with Goraul P.S. Case no.384 of 2019 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court, POCSO-cum-Children Court-cum-Additional District Judge, Vaishali at Hajipur.

(Partha Sarthy, J) Saurabh/- U T