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Patna High CourtCR. MISC./21396/2020bail granted

Akshay Kumar v. The State Of Bihar

2020-07-02Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21396 of 2020 Arising Out of PS. Case No.-63 Year-2020 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Akshay Kumar Son of Mathur Sah Resident of Village- Karpuri Gram Balughat at Ward No. 15, P.S.- Town, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-07-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of lifting of the lockdown in the State of Bihar.

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

The petitioner seeks bail in a case for the offence registered under Sections 448, 354, 509 of the Indian Penal Code and Section 8 of the POCSO Act.

Patna High Court CR. MISC. No.21396 of 2020(2) dt.02-07-2020 2/3 Prosecution case in short is that the informant's two sisters were at home while the informant was not there. It is alleged that in absence of the informant, the petitioner entered his house with bad intention.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 23-01-2020. Charge sheet/Prosecution report in this case has already been submitted. The petitioner has been falsely implicated in the present case due to village politics. The allegation, made in the FIR is denied by the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioner, above named, be released on bail on his personal bond to the satisfaction of learned Ist Additional Sessions Judge, Muzaffarpur in connection with Town P.S. Case No. 63 of 2020. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven

Patna High Court CR. MISC. No.21396 of 2020(2) dt.02-07-2020 3/3 weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T