Amlish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27896 of 2023 Arising Out of PS. Case No.-251 Year-2022 Thana- PAKRIDAYAL District- East Champaran ====================================================== AMLISH KUMAR Son of Dinesh Mahto Resident of village - Majhauliya, P.S.- Pakaridayal, District - East Champaran ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar, Advocate For the Opposite Party/s :
Mr.Ajit Kumar, Addl Public Prosecutor Mr. Karandeep Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner, the informant and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 354B/363/366A/34 and other allied sections of the Indian Penal Code and sections 8/10/12 of the POCSO Act.
3. All the FIR named accused persons including the petitioners came to the house of the informant and assaulted the informant side with lathi, khurpi, etc. They also looted clothes and cash Rs.15,000/-.
4. Learned counsel appearing for the petitioner submits that due to dispute of pathway, scuffle took place between the parties. There is delay of 80 days in lodging of the complaint and there is no explanation of delay which itself
Patna High Court CR. MISC. No.27896 of 2023(2) dt.14-07-2023 2/2 creates doubt over the veracity of the allegation. Petitioner claims clean antecedent.
5. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge VII cum Special Judge, POCSO Act Motihari, East Champaran in Pakaridayal Police Station Case No. 251 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Shashi U T