Patna High CourtCR. MISC./6890/2017bail granted

Abhishek Kumar And ANR v. The State Of Bihar

2017-03-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6890 of 2017 Arising Out of PS.Case No. -248 Year- 2016 Thana -SULTANGANG District- PATNA ======================================================

1. Abhishek Kumar Son of late Purushotam Sharma Resident of VillageBihta, Near Chamartoli, P.S.- Bihta, District- Patna.

2. Anup Kumar Son of Ashok Kumar Sharma Resident of VillageJinpura, P.S.- Bihta, District- Patna. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Lakshmi Kant Sharma For the Opposite Party/s : Mr. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-03-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek bail in a case instituted under Sections 363, 366A, 110, 120B, 376 of the Indian Penal Code and Section 4/6 of POCSO Act.

The allegation against the petitioners is of alluring the victim at Railway station and took her in different place and in course of which, one of the co-accused namely Amrendra raped her.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 12.12.2016. The petitioners have got no criminal antecedent. There is no allegation of

Patna High Court Cr.Misc. No.6890 of 2017 (2) dt.08-03-2017 2/2 tampering of witnesses alleged against the petitioners. The victim has been examined under Section 164 of the Cr.P.C. No allegation of physical or sexual abuse has been made against the petitioners. The main allegation is against co-accused namely Amrendra. On behalf of the state, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Patna in connection with Sultanganj P.S. Case No. 248 of 2016, arising out of POCSO Case No. 05 of 2017.

(Sudhir Singh, J) Amit/- U T