Aadarsh Kumar Sah @ Adarsh Kumar @ Adarsh Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37068 of 2021 Arising Out of PS. Case No.-27 Year-2021 Thana- NAUHATTA District- Saharsa ====================================================== Aadarsh Kumar Sah @ Adarsh Kumar @ Adarsh Kumar Sah Son Of Arjun Sah Resident Of Village - Nauhatta, P.S.-Nauhatta, Distt.- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha For the Opposite Party/s :

Mr. Ajit Kumar Mr. Dinkar Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-12-2021 Heard the learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with POCSO 11 of 2021 arising out of Nauhatta P. S. Case No.27 of 2021, instituted for the offences under Sections 341, 363, 342, 323, 307, 34, 354B of the Indian Penal Code and Section 8 of the POCSO Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 24.02.2021, he is a person with clean antecedent and charge-sheet has been submitted in this case.

The learned counsel for the petitioner further submits that the prosecution case as per the informant is that this

Patna High Court CR. MISC. No.37068 of 2021(3) dt.07-12-2021 2/3 petitioner along with co-accused persons kidnapped the daughter of the informant and tried to outrage her modesty. The learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. The statement of the victim recorded under Section 164 of the Cr.P.C. in which she has stated that though this petitioner along with two other persons kidnapped her, but she has not alleged any misbehaviour or any sexual assault against this petitioner.

Learned counsel for the informant as well as learned A.P.P. vehemently opposed the bail application and submits that the victim is a minor, but is not able to meet the submission by the learned counsel for the petitioner that the victim has not alleged anything against this petitioner in her statement recorded under Section 164 of the Cr.P.C. regarding misbehaviour or sexual assault and that similarly situated co-accused has been granted bail by order dated 15.11.2021 in Cr. Misc. No.38113 of 2021 (Amit Kumar vs. the State of Bihar).

Considering the fact that the petitioner is in custody since 24.02.2021, he is a person with clean antecedent, chargesheet has been submitted in this case and similarly situated coaccused has been granted bail, the petitioner, above-named, is

Patna High Court CR. MISC. No.37068 of 2021(3) dt.07-12-2021 3/3 directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. 1st -cum-Special Judge, POCSO Act, Saharsa in connection with POCSO 11 of 2021 arising out of Nauhatta P. S. Case No.27 of 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T