Patna High CourtCR. MISC./34693/2024bail granted

Uttam Kumar @ Utam Kumar v. The State Of Bihar

2024-07-05Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34693 of 2024 Arising Out of PS. Case No.-64 Year-2024 Thana- LAURIA District- West Champaran ====================================================== Uttam Kumar @ Utam Kumar S/O JAY PRAKASH RAM R/O VILLAGEKhairwa Tola, P.S.- Sirisiya O.P. , District West Champaran ... ... Petitioner/s

Versus

The State of Bihar BIHAR 2.

LAXMAN RAM SON OF LATE VISHUNI RAM R/O- VILLAGEGOKHULA, P.S.- LAURIYA, DISTT.- WEST CHAMPARAN, BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the O.P. No. 2:

Mr.Sharad Kumar Verma Mr.Sagar Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-07-2024 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 Lauriya P.S. Case No. 64 of 2024, registered for the offences punishable under Section 376 of the IPC, Section 4 and 6 of the POCSO Act.

3. As per allegation, the daughters of the informant went to School but his elder daughter didn't return. Further, the informant went to search for his elder daughter and he came to know that she had solemnized marriage with the petitioner.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.34693 of 2024(3) dt.05-07-2024 2/2 this case. The victim in her statement under Section 164 of the Cr.P.C. did not support the prosecution case. She has stated that she had love and affection with the petitioner.

5. On the other hand, the learned counsel for the informant and the learned APP for the State have opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances as well as the period of custody, 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 Additional District and Sessions Judge 7th cum Special Judge, POCSO, Bettiah, West Champaran in connection with Lauriya P.S. Case No. 64 of 2024, subject to the following condition:- (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) kundan/- U T