Retesh Kumar @ Ritesh Kumar @ Rikesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26497 of 2019 Arising Out of PS. Case No.-101 Year-2016 Thana- MATIHANI District- Begusarai ====================================================== RETESH KUMAR @ RITESH KUMAR @ RIKESH KUMAR, Son of Harilal Yadav, Resident of Village - Bariyahi, P.S.- Barauni (O.P. Chakiya), Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yogesh Kumar For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 31-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Matihani P.S. Case No.101 of 2016 instituted for the offence under Section(s) 366-A/34 Indian Penal Code and Sections 8, 12 & 17 of the POCSO Act. It is alleged in the written report that daughter of the informant, Kajal Kumari went outside the house, but she did not return.

The victim has been recovered and she has given statement under Section 164 Cr.P.C., wherein, she has stated that she had gone with one Prem Kumar. There is no allegation of any specific overt act levelled against the petitioner in the statement recorded under Section 164 Cr.P.C.

Patna High Court CR. MISC. No.26497 of 2019(4) dt.31-07-2019 2/2 Counsel for the petitioner submits that Prem Kumar has already been granted bail by co-ordinate Bench of this Court.

Petitioner is in custody since 25.12.2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. 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 I/c Special Judge, POCSO, Begusarai, in connection with Matihani P.S. Case No.101 of 2016, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T