Patna High CourtCR. MISC./38162/2024allowed

Saurabh Kumar @ Saurav Kumar v. The State Of Bihar

2024-07-26Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38162 of 2024 In CRIMINAL MISCELLANEOUS No.32875 of 2023 Arising Out of PS. Case No.-128 Year-2022 Thana- AMARPUR District- Banka ====================================================== SAURABH KUMAR @ SAURAV KUMAR SON OF NARSING RAI RESIDENT OF VILLAGE - KHAIRA, P.S. - AMARPUR, DISTRICT - BANKA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandan Prasad For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 26-07-2024 This application has been filed for modification of order dated 21.06.2023 passed in Cr. Misc. No. 32875 of 2023 by the petitioner has been granted privilege of regular bail in connection with Amarpur P.S. Case No. 128 of 2022.

2. Learned counsel for the petitioner submits that the victim did not support the prosecution case in her statement under Section 164 of the CrPC and considering this fact the petitioner was granted bail vide order dated 21.06.2023 in Cr. Misc. No. 32875 of 2023. At the time of hearing of that bail petition, it was submitted by the learned counsel that the victim solemnized her marriage with the petitioner. This court has directed the court below to verify this fact and if it is so, the petitioner was directed to be released on bail furnishing bail

Patna High Court CR. MISC. No.38162 of 2024(4) dt.26-07-2024 2/2 bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each.

3. Considering the above mentioned facts and circumstances, the order dated 21.06.2023 passed in Cr. Misc. No. 32875 of 2023 is modified to the extent that the petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cumSpecial Judge, POCSO, Banka in connection with Amarpur P.S. Case No. 128 of 2022 with further condition that he shall cooperate in the disposal of trial and make himself available as and when required by the court.

4. Accordingly, this modification application is allowed.

(Nawneet Kumar Pandey, J) Nirmal/- U T