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Patna High CourtCR. MISC./38863/2021bail granted

Ravi Shankar Kumar v. The State Of Bihar

2022-02-01Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38863 of 2021 Arising Out of PS. Case No.-8 Year-2021 Thana- SAHJAHANPUR District- Patna ====================================================== RAVI SHANKAR KUMAR Son of Nageshwar Chaudhri Resident of Village - Gulni, P.S.- Hilsa, District - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jai Prakash Singh, Adv.

For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 354A and 354B of the Indian Penal Code and sections 8 and 12 of the POCSO Act.

As per the prosecution case, the petitioner is alleged to have misbehaved with the minor daughter of the informant and was caught by the public.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case due to oblique reasons. No such occurrence has taken place. The petitioner is in custody since 28.1.2021 and chargesheet has been submitted in the case.

Patna High Court CR. MISC. No.38863 of 2021(4) dt.01-02-2022 2/2 Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for over 1 year, the Court directs the petitioner to be enlarged on bail in connection with Special Case no. 14 of 2021 (arising out of Shahjahanpur P.S. Case no. 8 of 2021) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge POCSO -cum-ADJ-VII, Patna.

It is directed that the petitioner shall cooperate in the trial in the learned trial Court and shall remain physically present in Court on each date of the trial. In case, the learned trial Court is of the opinion that the trial is being delayed due to noncooperation on part of the petitioner, the learned trial Court may cancel the bail bond of the petitioner and take him into custody till conclusion of the trial. (Partha Sarthy, J) Bibhash/- U