Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27649 of 2022 Arising Out of PS. Case No.-8 Year-2022 Thana- ATHMALGOLA District- Patna ====================================================== Kundan Kumar Son Of Jawahar Ray Resident Of Village- Naya Tola Budhara, P.S- Athmalgola, Dist- Patna ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Anita Kumari Singh, Advocate For the Opposite Party :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-11-2022 Heard learned counsel for the petitioner and learned counsel for the State.

Learned counsel for the petitioner is directed to remove the defect(s) as pointed out by the office within a period of four weeks.

The petitioner is apprehending his arrest in a case registered for the offence under Sections-354/354(A)/ 354(B), 354(D)/34 of the Indian Penal Code and 8 of POCSO Act. The prosecution allegation, in short, is that while the victim was returning her home from coaching centre, in the way, the accused persons followed her and started teasing her. The accused persons also tried to get the victim seated on the motorcycle 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

Patna High Court CR. MISC. No.27649 of 2022(2) dt.14-11-2022 2/2 has been made accused in the present case due to mistake of fact. For ulterior motive, the present case has been instituted. Except the offence relating to POCSO Act, rest of the offences are triable by Magistrate. The allegation levelled in the FIR is denied by the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.IR.

Considering the aforesaid facts and circumstances, let the petitioner, above-named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each of the satisfaction of learned Additional Sessions Judge-VI, Patna in connection with Spl. (POCSO) Case No. 05 of 2022 arising out of Athmalgola P.S. Case No. 08 of 2022 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T