Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38113 of 2021 Arising Out of PS. Case No.-27 Year-2021 Thana- NAUHATTA District- Saharsa ====================================================== Amit Kumar S/o Late Bindeshwari Sah @ Bindesri Sah R/o villageNauhatta, P.S.- Nauhatta, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhav Jha For the State :

Mr.Ajit Kumar For the Informant :

Mr.Dinkar Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4.

15-11-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Nauhatta P.S. Case No. 27 of 2021, registered for the offence under Sections 363, 341, 342, 323, 307, 34, 354(B) of the Indian Penal Code and Section 8 of the POCSO Act.

As per the prosecution case, this petitioner alongwith co-accused persons kidnapped the daughter of the informant and tried to outrage her modesty.

It is submitted on behalf of petitioner that petitioner is innocent and has committed no offence. The victim has been examined and her statement under Section 164 Cr.P.C. was recorded, in which, she has stated that though, this petitioner alongwith other two persons kidnapped her, but she has not

Patna High Court CR. MISC. No.38113 of 2021(4) dt.15-11-2021 2/2 alleged any misbehavior or any sexual assault against this petitioner. Petitioner has got clean antecedent and he is in custody since 24.02.2021. Chargesheet has already been submitted.

Learned counsel for the State and informant have opposed the prayer for bail of petitioner.

Considering the aforesaid facts and circumstances as well as statement of the victim girl recorded under Section 164 Cr.P.C., the bail petition of petitioner is allowed. Let the above named petitioner 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 learned Additional Sessions Judge I cum Special Judge (POCSO), Saharsa in connection with Nauhatta P.S. Case No. 27 of 2021.

(Prabhat Kumar Singh, J.) anay U T