Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29916 of 2021 Arising Out of PS. Case No.-214 Year-2018 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== VISHAL KUMAR S/o Ajay Rai R/o Barharwa, P.S. - Motihari Mufassil, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Patanjali Rishi For the Opposite Party/s :

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-11-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection Motihari Mufassil P.S. Case no. 214 of 2018 registered for the offence punishable under sections 314, 323, 354(B)(C), 504, 506 of the Indian Penal Code read with sections 4 and 6 of Protection of Children from Sexual Offences Act, 2012.

Learned counsel for the petitioner submits that petitioner is in custody since 26.02.2021 and charge sheet has been submitted. Learned counsel for the petitioner further submits that from perusal of the allegation as alleged in the FIR, it would manifest that the informant Jitendra Singh alleges that his minor daughter used to attend coaching center in the village

Patna High Court CR. MISC. No.29916 of 2021(2) dt.24-11-2021 2/3 itself and this petitioner used to tease and abuse the victim on the way to coaching. Further on 25.4.2018 in the evening at about 5 p.m, while victim was on her way back to home on cycle, this petitioner tried forcing himself upon her on the road and when the victim resisted, the petitioner assaulted her due to which her elbow and knee became injured. Further informant conveyed this indecent act to the father of the petitioner and he abused and threatened the informant. He next submits that petitioner is aged about 22 years and has one antecedent as mentioned in para 3 of bail petition.

Learned counsel for the petitioner further submits that the informant has given exaggerated version of the occurrence when both victim and the petitioner were friend which was objected by the informant as such he implicated father of this petitioner also. Learned APP vehemently opposed the prayer for bail. Considering the facts that petitioner is in jail custody since 26.02.2021, charge sheet has been submitted, the petitioner is directed to be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Protection of Children from Sexual Offences Act, 2012, East Champaran, Motihari in Motihari Mufassil P.S. Case no.

Patna High Court CR. MISC. No.29916 of 2021(2) dt.24-11-2021 3/3 condition that one of the bailers would be close relative of the petitioner and he will watch the activity of the petitioner. (Satyavrat Verma, J) s.hassan/- U T