Avinash Kumar @ Abhinash Kumar @ Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21243 of 2024 Arising Out of PS. Case No.-186 Year-2023 Thana- SURYAPURA District- Rohtas ====================================================== Avinash Kumar @ Abhinash Kumar @ Vikash Kumar Son of Harendra Singh Resident of vill.-Nonhar, P.S.-Surajpura, Distt.-Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Ataul Haque For the Opposite Party/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner as well as learned counsel for the informant.

2. In this case, the petitioner is seeking regular bail in connection with Surajpura P.S. Case No. 186 of 2023, registered for the offences punishable under Sections 341, 323, 354(B), 504 and 506 of the IPC, Section 8 of the POCSO Act and section 3(1) (h)(4) of SC/ST Act.

3. As per allegation, the petitioner, after teasing the informant, abused and assaulted her. Due to assault, she became unconsciousness and when she regained her consciousness, the victim found her clothes in torn condition.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has remained under custody for near about six

Patna High Court CR. MISC. No.21243 of 2024(3) dt.19-07-2024 2/2 months. He is a person of clean antecedent.

5. On the other hand, the learned counsel for the informant has opposed the prayer for bail and submitted that the victim became unconsciousness due to assault inflicted by the petitioner.

6. Considering the above-mentioned facts and circumstances as well as the period of custody and clean antecedent, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned A.D.J.-VII-cumExclusive Special Judge, (POCSO) Act, Rohtas at Sasaram in connection with Surajpura P.S. Case No. 186 of 2023, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If it is found that the petitioner is involved in any other case of similar nature, his bail bond shall be cancelled.

(Nawneet Kumar Pandey, J) kundan/- U T