Ashok Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26234 of 2024 Arising Out of PS. Case No.-473 Year-2023 Thana- KATEYA District- Gopalganj ====================================================== Ashok Kumar Singh S/o Jagat Narayan Singh R/o Village- Bhagwanpur Kurmi Tola, P.S. Kateya, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Adesh Raj Singh For the Opposite Party/s :
Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-09-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection with Kateya P.S. Case No. 473 of 2023 (POCSO Case No. 01/2024) for the offences punishable under Sections 376, 511/34 of the Indian Penal Code and Section 8 POCSO Act and Section 7(B) IT Act, 2000.
3. Allegation against the petitioner is of attempting to commit misdeed with the victim girl and also of touching her private parts.
4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that all the four witnesses
Patna High Court CR. MISC. No.26234 of 2024(4) dt.02-09-2024 2/3 including the informant, mother of the victim and brother of the victim have been examined and they did not support the prosecution case. The deposition of these witnesses have been received from the learned court below. He has also submitted that the petitioner is a person of clean antecedent and is under custody since 05.11.2023.
5. On the other hand, the learned APP for the State has opposed the prayer for bail.
6. Considering the above-mentioned facts and circumstances especially the fact that the informant did not support the prosecution case, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Additional Session Judge-VI-cumSpecial Judge POCSO, Gopalganj in connection with Kateya P.S. Case No. 473 of 2023, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
7. The petitioner is directed to remain physically present on each and every date before the learned court below till disposal of the case, otherwise his bail bond shall be cancelled.
Patna High Court CR. MISC. No.26234 of 2024(4) dt.02-09-2024 3/3
8. Before accepting the bail bond of the petitioner, the learned court below shall verify the criminal antecedent of the petitioner and if it is found that he is involved in any other case, his bail bond shall not be accepted. (Nawneet Kumar Pandey, J) Nirmal/- U T