Navin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27717 of 2025 Arising Out of PS. Case No.-608 Year-2023 Thana- KONCH District- Gaya ====================================================== Navin Kumar Son of Dayanand Yadav Resident of Village - Bijhara, P.S.- Konch, District - Gaya.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Deeprani Kumari D/o Dharmendra Paswan Resident of Village - Bijhara, P.S.- Konch, District - Gaya.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rabia Gulnaz, Adv For the Opposite Party/s :
Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 29-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.
2. The petitioner seeks bail in connection with Konch P.S. Case No. 608 of 2023 instituted for the offences under Sections 341, 323, 354(B), 504, 379 and 34 of the I.P.C. and Sections 8 & 12 of the POCSO Act. and section 3(1) (r) 3(2) (VA), 3(1) (w)of the SC/ ST Act. He has clean antecedent.
3. The prosecution case is to the effect that the petitioner along with others had molested the minor victim girl of the informant. It is alleged that even when the victim girl had gone for coaching three accused persons including the petitioner
2/4 teased the victim girl and threatened her father.
4. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. It is further submitted that the allegation leveled against the petitioner of molesting or threatening is false and from the perusal of the statement made by the victim girl under Section 161 of the Cr. P.C. it is evident that no sexual assault has been committed by the petitioner. It is also submitted by learned counsel for the petitioner that the petitioner is a young boy and his whole career is in front and as such considerate view should be taken. It is next submitted by learned counsel for the petitioner that despite notices sent to the informant there is no appearance of informant either through the vakalatnama or personally. It is lastly submitted that the petitioner has no criminal antecedent and he is in custody since 15.12.2024.
5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and has submitted that the petitioner has molested the victim girl who is a minor.
6. Considering the aforesaid submissions of learned counsel and taking into account the age of the petitioner and the fact that the petitioner has clean antecedent and he is in custody
3/4 since 15.12.2024, the petitioner above named, is directed to be released on bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, POCOScum- Additional Sessions Judge- VII, Gaya, in connection with Konch P.S. Case No. 608 of 2023, subject to the the following conditions:- (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned. (iv) And further condition that the court below shall verify the criminal antecedent of the petitioner except one case and in case at any stage it is found that the petitioner has concealed his criminal antecedent except one
4/4 case, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of the same or in the name of verification.
(v) The petitioner shall not approach the informant or any of the family members or the victim girl to either coerce or threaten during the pendency of the trial.
(vi) The petitioner should refrain interaction with the victim girl or the prosecution side.
(Sourendra Pandey, J) Vikash/- U T