Abhay Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31475 of 2024 Arising Out of PS. Case No.-128 Year-2023 Thana- LAURIA District- West Champaran ====================================================== Abhay Prakash S/O Rambihari Mahato, R/O Village- Anjua, PS- Shikarpur, District- West Champaran, Bettiah.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Rajesh Kumar, Advocate Mr. Manoj Kumar, Advocate Mr. Praveen Kumar, Advocate Mr. Rohit Kumar, Advocate For the Opposite Party :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-08-2024 Heard Mr. Rajesh Kumar, the learned counsel for the petitioner and Mr. Jagdhar Prasad, the learned Additional Public Prosecutor for the State.

2.

Petitioner seeks regular bail who is in custody since 19.05.2023, in connection with Lauriya P.S. Case No. 128 of 2023, FIR dated 19.05.2023, registered for the offences punishable under Section 376 of the Indian Penal Code and under Sections 4, 6 and 8 of POCSO Act.

3.

Earlier the petitioner has moved before this Hon'ble Court in Cr. Misc. No. 56818 of 2023, which was rejected vide order dated 14.09.2023. Thereafter, the petitioner again moved before this Hon'ble Court in Cr. Misc. No. 25305 of 2024, which was dismissed as withdrawn with a liberty to

2/4 move a fresh application before the learned trial Court vide order dated 27.03.2024.

4.

According to the prosecution case, one Abhay Prakash established physical relationship with the minor daughter of the informant due to which she became pregnant. 5.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case and he has not committed any offence as alleged in the FIR. He further submits that trial has begun in the present case and the statement of the victim was recorded in the trial and deposition of the victim has also been annexed as well. He further submits that it appears from the statement of the victim that she has turned hostile, moreover, she has not even identified the accused person (petitioner). He further submits that the father of the victim, who happens to be the informant in the present case, was examined on 16.07.2024 and he has also turned hostile. He lastly submits that in view of the aforesaid submissions, the petitioner may be enlarged on bail and the petitioner is in custody since 19.05.2023.

6.

The learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries two

3/4 criminal antecedent other than the present one. However, he fairly admits on the basis of paragraph no. 3 of the bail petitioner that petitioner is on bail in the pending matters. 7.

Considering the aforesaid facts and circumstances, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty-Five Thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District & Session JudgeVII-cum-Special Judge POCSO, West Champaran, Bettiah, in connection with Lauriya P.S. Case No. 128 of 2023, subject to the following conditions:

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

(ii). If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(iii). And further condition that the learned trial Court shall verify the criminal antecedent of the petitioner and

4/4 in case, at any stage, it is found that the petitioner has concealed his criminal antecedent, the learned trial Court shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Shahnawaz/- U T