Sunny Kumar @ Sanny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19687 of 2023 Arising Out of PS. Case No.-365 Year-2019 Thana- PAROO District- Muzaffarpur ====================================================== SUNNY KUMAR @ SANNY KUMAR S/O SHANKER RAM @ SHANKAR RAM Resident of Village- Dhanrajpur, P.S.- Saraiya, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yugal Kishore For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 363, 366(A), 376(G) of the Indian Penal Code and Sections 4 and 8 of the POCSO Act. The allegation against the petitioner along with others is of kidnapping the informant and forcibly committed gang rape upon her, when she went to attend call of nature. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The victim girl has recovered. From the perusal of the impugned order, it is apparent that the victim girl specifically stated that co-accused Prem Kumar and Anand Kumar committed rape upon her. The petitioner and co-accused

Patna High Court CR. MISC. No.19687 of 2023(2) dt.19-05-2023 2/2 namely Vikram Kumar only stand near the place of occurrence. There is no Specific overt act against the petitioner. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 17.05.2022 passed in Cr. Misc. No. 8825 of 2022. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 30.09.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 7th-cum-Special Court (POCSO Act), (West) Muzaffarpur in connection with Paroo P.S. Case No. 365 of 2019.

(Sunil Kumar Panwar, J) arish/- U T