Patna High CourtCR. MISC./35414/2024bail granted

Manish Kumar v. The State Of Bihar

2024-08-21Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35414 of 2024 Arising Out of PS. Case No.-85 Year-2024 Thana- NAUTAN District- West Champaran ====================================================== Manish Kumar Son of Sagar Sahani @ Shiv Sagar Sahni Resident of VillageDiuliya, Jagdishpur, P.S- Nautan (Jagdishpur) District -West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Nautan (Jagdishpur) P.S. Case No. 85 of 2024, registered for the offences punishable under Sections 341, 354, 506/34, 342 of IPC and under Section 8 of POCSO Act and under Section 67 of IT Act.

3. As per allegation, on 02.01.2024, the informant aged about 16 years was alone in her house, in the meantime, the petitioner came and informed her that his wife is calling her and she went to his house and found the another accused Ajit Kumar who is brother-in-law of the petitioner was present there. He asked her to make illicit relationship with him while talking

Patna High Court CR. MISC. No.35414 of 2024(3) dt.21-08-2024 2/3 in filthy manner and also made a video of her.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated. The allegation of misbehaving victim is not against the petitioner rather it is against the co-accused Ajit Kumar. The only allegation against the petitioner is that he called the victim to his house and Ajit Kumar misbehaved with her and also talked with her in filthy manner. The petitioner is under custody since 23.02.2024.

5. On the other hand, learned APP, Shri J.N. Thakur, has submitted that the victim has supported the occurrence in her statement under Section 161 of the CrPC.

6. It appears that the allegation of misbehaving with the victim is against co-accused Ajit Kumar and not against the petitioner.

7. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge POCSO cum-A.D.J. 6th, Bettiah, West Champaran in connection with Nautan (Jagdishpur) P.S. Case No. 85 of 2024, subject to the following condition:-

Patna High Court CR. MISC. No.35414 of 2024(3) dt.21-08-2024 3/3 (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) SONALI/- U T