Suman Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35847 of 2024 Arising Out of PS. Case No.-104 Year-2023 Thana- WARISNAGAR District- Samastipur ====================================================== Suman Kumar S/o Manoj Kumar R/o Village- Milki, Ward no. 17, P.S. - Kalyanpur, Distt.- samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amar Kumar Singh, Advocate For the Opposite Party/s :
Mr.Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 10-06-2024 Heard learned counsel for the petitioner and learned counsel for the State.
2. Petitioner apprehends arrest in connection with Waris Nagar P.S. Case No. 104/2023 registered for the offences under Sections 363, 366-A of Indian Penal Code and under Sections 8, 17 of P.O.C.S.O. Act.
3. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the case on the ground of mere suspicion. Learned counsel further submits that there is no eye witness of the alleged occurrence. He further submits that the victim has been recovered on 11.04.2023 from one bus stand and not from the possession of the petitioner. He further submits that in the statement of the victim recorded under Section 164 Cr.P.C. also the victim has
Patna High Court CR. MISC. No.35847 of 2024(2) dt.10-06-2024 2/2 not supported the cause of prosecution. Petitioner has no criminal antecedent.
4. Learned APP for the State opposes the prayer for anticipatory bail of the petitioner.
5. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the petitioner, above named is directed to be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond/ bail bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Learned Additional District and Session Judge-VI- cum- Special Judge, (POCSO), Samastipur in connection with Waris Nagar P.S. Case No. 104/2023 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.
6. This application stands allowed.
(Arvind Singh Chandel , J) tusharika/- U T