Neeraj Kumar @ Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33535 of 2021 Arising Out of PS. Case No.-412 Year-2020 Thana- NAUTAN District- West Champaran ====================================================== NEERAJ KUMAR @ NIRAJ KUMAR Son of Galu Ram Resident of Village - Kathaiya Bishunpura, P.S.- Nautan (Jagdishpur), District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vashishth Narain Mishra, Advocate For the Opposite Party/s :

Ms. Meena Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-12-2021 Heard Mr. Vashishtha Narain Mishra, learned counsel for the petitioner and Ms. Meena Singh, learned Additional Public Prosecutor appearing for the State. Petitioner seeks regular bail in connection with Nautan (Jagdishpur) P.S. Case No. 412 of 2020 registered for the offences punishable under Sections 341, 323, 354, 354(A) (D), 504, 506/34 of the Indian Penal Code 1860 and Section 8 of the Protection of Children from Sexual Offences Act. The allegation as per the First Information Report is that the sister of the informant while returning back to home after attending coaching class, was intercepted by the F.I.R. named accused Ram Babu Paswan along with one unknown person and started molesting the informant's sister. It has also been alleged that the accused persons used indecent language

Patna High Court CR. MISC. No.33535 of 2021(2) dt.21-12-2021 2/3 for her.

Learned counsel for the petitioner submits that the petitioner is not named in the First Information Report and he has not committed any offence in the manner alleged. Learned counsel further submits that the statement of the victim girl was recorded under Section 164 Cr. P.C. in which she has not stated anything against the petitioner. and has only disclosed about the FIR named accused Ram Babu Paswan. The petitioner is in custody since 29.12.2020 and he has got no criminal antecedent. Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner is not named in the First Information Report and/or the statement of victim girl recorded under Section 164 Cr. P.C., the petitioner is in custody since 29.12.

2020 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Shri Raj Kapoor, learned Judicial Magistrate, 1st Class, Bettiah, Distt.

Patna High Court CR. MISC. No.33535 of 2021(2) dt.21-12-2021 3/3 Nautan (Jagdishpur) P.S. Case No. 412 of 2020. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T