Ashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16047 of 2020 Arising Out of PS. Case No.-42 Year-2020 Thana- PATLIPUTRA District- Patna ====================================================== ASHISH KUMAR, aged about 22 years, Male, Son of Arun Kumar Sharma, R/o Indrapuri, Gali No.- 1, Sitaram Bhawan, House No.- 49, P.S.- Patliputra, Dist.- Patna- 800024 ... Petitioner

Versus

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

For the Petitioner :

Mr. Awadhendra Kumar, Adv.

For the Opposite Party :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-06-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state through video conferencing.

The petitioner seeks bail in connection with Spl. Case No. 24 of 2020 arising out of Patliputra P.S. Case No. 42 of 2020, registered under Sections 354, 354(D), 341, 323 and 506 of the Indian Penal Code and 10 of the Protection of Children from Sexual Offences Act, 2012.

The accusation is that informant, aged about 17 years, use to reside on rent in the house of Mithlesh Kumar, situated in Indrapuri, in front of the house of the petitioner. The petitioner use to tease her with bad intention since before three months. On 23.01.2020, while the informant was passing through Sai Temple, at that time, petitioner came on Apache motorcycle and tried to talk, but, she did not give any response, then, petitioner

Patna High Court CR. MISC. No.16047 of 2020(2) dt.05-06-2020 2/2 slapped and dashed her in which she sustained injury in the leg and he also tried to take her on motorcycle. The petitioner also told in threatening language to perform marriage with her after three years. The petitioner was in drunken stage at that time. Submission is that due to misunderstanding the petitioner has falsely been implicated in this case. Further, submission is that, the petitioner has no criminal antecedent and is in custody since 25.01.2020.

Having regard to the facts and circumstances of the case, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Spl. Case No. 24 of 2020 arising out of Patliputra P.S. Case No. 42 of 2020 to the satisfaction of the Additional Sessions Judge Icum-Special Judge (POCSO Act), Patna. (Rajendra Kumar Mishra, J) Shamshad/- U T