Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18836 of 2020 Arising Out of PS. Case No.-8 Year-2020 Thana- PASRAHA District- Khagaria ====================================================== AJIT KUMAR Son of Vilash Sahni Resident of Village - Kulharia, P.S.- Parbatta, Distt.- Khagaria.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Bharat Bhushan, Advocate For the Opposite Party :

Renu Kumari, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-07-2020 Heard learned counsel for the parties.

Petitioner is an accused in a case registered for the offences punishable under Section 376F and other allied sections of the Indian Penal Code as well as section 4 of the POCSO Act.

Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in this case as the specific allegation of committing penetrative sexual assault is against co-accused Ritesh Kumar and there is no any allegation against the petitioner. The victim, even in her section 164 Cr.P.C. statement, has not disclosed the petitioner's name. Petitioner has got no criminal antecedent and he is in custody since 30.1.2020.

Considering the facts of the case, let the petitioner,

Patna High Court CR. MISC. No.18836 of 2020(3) dt.10-07-2020 2/2 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 PS. Case No.-8 Year-2020 ThanaPASRAHA District- Khagaria/GR No. 306 of 2020 from the Court of Additional Sessions Judge I cum Special Judge, POCSO Act, Khagaria on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T