Angad Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 24270 of 2020 Arising Out of PS. Case No.-502 Year-2019 Thana- BIDUPUR District- Vaishali ====================================================== Angad Kumar Son of Late Arun Kumar Singh Resident of Village Ramdauli, P.S. Biddupur, District - Vaishali .

... ... Petitioner

Versus

The State Of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Sumeet Kumar Singh, Advocate For the Opposite Party :

Mr. Anuj Kumar Srivastava, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-09-2020 Heard learned counsel for the petitioner and the State through Video Conferencing.

The petitioner seeks bail in a case registered for the offence punishable under sections 376/511 of the Indian Penal Code and under section 5 of the POCSO Act.

Prosecution case is that the 5 years old grand daughter of the informant was staying alone in the house as other family members were busy in Tilak ceremony of his younger brother. In the meantime, at 10 pm the petitioner on allurement took her to the orchard nearby primary school. It is further alleged that he pull down pant of the girl to commit offence but on account of hulla raised by her, villagers came there in no time. They rescued the girl and caught hold the petitioner in a drunken

Patna High Court CR. MISC. No. 24270 of 2020(2) dt.23-09-2020 2/3 state.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to land dispute. Further, as per the allegation, section 376 of the Indian Penal Code is not applicable in the petitioner's case as no offence of rape was committed by the petitioner and at best offence under section 354 of the Indian Penal Code is made out against the petitioner. Petitioner has got no criminal antecedent. Petitioner is in custody since 8.12.2019. In the facts of the case, prayer for bail of the petitioner is allowed. 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 the Additional Sessions Judge I cum Special Judge, Vaishali at Hajipur in Bidupur Police Station Case No. 502/2019 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No. 24270 of 2020(2) dt.23-09-2020 3/3 witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T