Jivesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24208 of 2024 Arising Out of PS. Case No.-130 Year-2022 Thana- BELA District- Sitamarhi ====================================================== Jivesh Kumar Son of Ram Pratap Mahto Resident of Village- Dhanha, P.S.- Bela, Dist.- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar For the Opposite Party/s :
Mrs. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-06-2024 Heard the learned counsel for the petitioner and learned APP for the State.
2. This is the 2nd attempt of the petitioner. Earlier the bail application of the petitioner was rejected vide order dated 04.03.2023 passed in Cr. Misc. No. 73099 of 2022. 3.
The petitioner seeks regular bail in a case registered for the offence under Sections 363, 366A/34 of the Indian Penal Code and Section 08 of the POCSO Act.
4. Learned counsel for the petitioner has invited this Court's attention to the statement of the victim recorded under Section 164 of the Cr.P.C.
5. The victim in her statement recorded under Section 164 of the Cr.P.C. has said that she has left her house on her own and no one was involved in her disappearance.
Patna High Court CR. MISC. No.24208 of 2024(2) dt.21-06-2024 2/2
6. Considering the aforesaid facts and circumstances, this application for regular bail is allowed.
7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)with two sureties of the like amount each to the satisfaction of the learned A.D.J.-1-cum-Special Judge, POCSO Act, Sitamarhi/ concerned Court below in connection with Bela P.S. Case No. 130 of 2022 subject to condition that:- 7(i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on absence on two consecutive dates without sufficient reason, the bail bond shall be cancelled by the Court below.
(Sandeep Kumar, J) Shishir/- U T