Patna High CourtCR. MISC./30312/2024bail cancelled

Suraj Kumar v. The State Of Bihar

2024-07-31Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30312 of 2024 Arising Out of PS. Case No.-959 Year-2023 Thana- PHULWARISHARIF District- Patna ====================================================== SURAJ KUMAR S/O VIRENDRA MAHTO @ BIJENDRA VERMA R/O VILLAGE- AKOPUR NAGWAN, P.S- JANIPUR, DISTT.- PATNA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rahul Kumar For the Opposite Party/s :

Mr.Ram Sevak Choudhary For the O.P. No. 02 :

Mr. Manish Dhari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks bail in connection with Special Case No. 227 of 2023 arising out of Phulwarisharif (Janipur) P.S. Case No. 959 of 2023 registered for the offence under Sections 366A, 376 of the Indian Penal Code and under Section 4 of the POCSO Act.

3. As per the prosecution case, the petitioner is said to have committed rape upon the victim girl.

4. It has been submitted by the learned counsel for the petitioner that the petitioner is innocent. He also submits that the victim and the informant have turned hostile and the petitioner is in custody since 17.7.2023.

Patna High Court CR. MISC. No.30312 of 2024(3) dt.31-07-2024 2/2

5. Learned counsel for the informant has vehemently opposed the application of the petitioner.

6. Considering the aforesaid facts, this application is allowed.

7. Let the petitioner, above named, 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 the learned Additional Sessions Judge-VI-cum-Spl. Judge, POCSO, Patna/concerned Court below in connection with Special Case No. 227 of 2023 arising out of Phulwari Sharif (Janipur) P.S. Case No. 959 of 2023.

(Sandeep Kumar, J) Vikas/- U T