Bitu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2074 of 2021 Arising Out of PS. Case No.-347 Year-2020 Thana- PIRO District- Bhojpur ====================================================== BITU KUMAR Son of Ravindra Chaudhary Resident of Village- Bharsar, P.S.- Piro, District- Bhojpur.

... ... Appellant

Versus

The State of Bihar ... ... Respondent ====================================================== Appearance :

For the Appellant/s :

Mr. Sudish Kumar, Advocate For the Respondent/s :

Mr. Spl. PP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-09-2021 Heard the parties in virtual Court proceeding. This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by order dated 16.01.2021 in B.P. No. 205 of 2021 passed by the learned Additional Sessions Judge 6th (POCSO), Bhojpur, Ara in connection with POCSO Case No. 111 of 2020 arising out of Piro P.S. Case No. 347 of 2020 registered under Sections 363, 376(D) of the I.P.C., Section 4/8 of POCSO Act and Section 3(2)(v) of the SC/ST Act.

Perused the statement of the victim recorded under Section 164 Cr.P.C. wherein she has not levelled any allegation against the appellant. Investigation of the case is already complete.

Patna High Court CR. APP (SJ) No.2074 of 2021(3) dt.14-09-2021 2/2 Considering the facts aforesaid, let the appellant, above named, be released on bail, on furnishing bail bonds of Rs. 20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with the aforesaid case, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The appellant shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.

(c) The appellant shall not leave the country without permission of the trial Court.

Accordingly, the impugned order is set aside and the appeal is allowed.

(Birendra Kumar, J) shahzad/- U T