Patna High CourtCR. MISC./34590/2024bail granted

Jitendra Kumar v. The State Of Bihar

2024-05-15Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34590 of 2024 Arising Out of PS. Case No.-178 Year-2024 Thana- ARA NAWADA District- Bhojpur ====================================================== Jitendra Kumar Son of Dhupat Rajak Resident of Village and P.OPokharahan, Bagan Gola,P.S. and Dist- Buxar, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyadarshi Pankaj Raj Anand, Adv.

For the Opposite Party/s :

Mr.Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Ara Nawada P.S. Case No. 178 of 2024 dated 09.03.2024 registered for the offences punishable u/ss 354A and 354B of the Indian Penal Code and Section 12 of the POCSO Act.

3. As per the prosecution case, the petitioner is alleged to have molested the minor daughter of the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged offence. Learned counsel has further submitted that there is no allegation

Patna High Court CR. MISC. No.34590 of 2024(2) dt.15-05-2024 2/2 of sexual assault against the petitioner in the statement of the victim recorded under Section 164 of the Cr.P.C. The petitioner has one antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhojpur at Ara in connection with Ara Nawada P.S. Case No. 178 of 2024 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the prosecution will be at liberty to move for cancellation of his bail bond.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T