Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20061 of 2023 Arising Out of PS. Case No.-928 Year-2022 Thana- LAKHISARAI District- Lakhisarai ====================================================== BITTU KUMAR (Male), aged about 22 years, S/O KANCHAN YADAV R/O VILLAGE- BARI POKHAR, PURANI BAZAR, WARD NO. 9, P.SLAKHISARAI, DISTT.- LAKHISARAI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Advocate For the Opposite Party/s :

Ms.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 03-08-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Lakhisarai P.S. Case No. 928 of 2022 dated 17.11.2022 registered for the offence(s) punishable under Section(s) 363, 366(A)/34 of the Indian Penal Code and Sections 8/10 of POCSO Act.

3. The main submissions advanced by the learned counsel for the petitioner are that petitioner is a young person, the so-called victim has been recovered and she has recorded her statement under Section 164 of Cr.P.C. in which she made the allegation that the petitioner and co-accused Ankit Kumar @ Arvind Kumar made her sit in a vehicle and thereafter took her at Lakhisarai but when she cried, they left her and except taking the victim, there is no any other allegation against this

Patna High Court CR. MISC. No.20061 of 2023(3) dt.03-08-2023 2/2 petitioner, in fact there was love affair in between co-accused Ankit Kumar @ Arvind Kumar and victim and the said coaccused has been granted bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No.15952 of 2023. Further submissions are that petitioner has been languishing in jail since 07.01.2023 and against him, the investigation has been completed.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly the petitioner's young age and completion of investigation against him and also the privilege of bail having been granted to above-mentioned co-accused, who is carrying similar nature of allegation, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail in connection with Lakhisarai P.S. Case No. 928 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Sanjay/- U T