Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21818 of 2020 Arising Out of PS. Case No.-175 Year-2020 Thana- LAKHISARAI District- Lakhisarai ====================================================== JITENDRA KUMAR, aged about---years, Male, Son of Raju Paswan, Resident of - Ward No. 33, (Kabaiya) Police Station - and , District - Kabiya. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Rajnish Chandra, Advocate.

For the Opposite Party :

Mrs. Suman Kumari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-07-2020 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 defects, 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 A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Sections 354 (A), 354(B), 354 (C), 504/34 of the IPC and 8 of the POCSO Act.

The prosecution story, in brief, is that on 14.03.2020

Patna High Court CR. MISC. No.21818 of 2020(2) dt.08-07-2020 2/3 at about 6.00 P.M. in the evening, while the informant alongwith her friend Anita Kumari was going to attend the coaching classess, co-accused Nitish Kumar, Jitendra Kumar (petitioner) and co-accused Govind Kumar caught her hand and started pulling her with bad intention. On protest, all accused persons assaulted them. On hulla, they fled away. Earlier they also committed such type of illegal acts with her and also threatened to kill her Guardians.

It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 15.03.2020. The petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to previous enmity. The petitioner has never tried to misbehave with the victim. The said allegation is denied by the petitioner. The petitioner is a student appearing for different competitive examinations.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the facts and circumstances of the case and also the lockdown, the petitioner above named, is directed

Patna High Court CR. MISC. No.21818 of 2020(2) dt.08-07-2020 3/3 to be released on bail on his personal bond to the satisfaction of the learned Additional District and Sessions Judge, Ist-cumSpecial Judge, Lakhisarai, in connection with Lakhisarai P.S. Case No. 175/2020.

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 four weeks to the satisfaction of the court concerned in connection with the aforesaid case.

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