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Patna High CourtCR. MISC./41691/2021bail granted

Sintu Kumar v. The State Of Bihar

2021-10-25Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41691 of 2021 Arising Out of PS. Case No.-59 Year-2020 Thana- SAHJAHANPUR District- Patna ====================================================== Sintu Kumar Son of Nageshwar Manjhi Resident of Village - Indaut, P.S.- Hilsa, Distt.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rama Kant Singh For the Opposite Party/s :

Ms.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-10-2021 Heard both parties.

The petitioner seeks bail in Shahjahanpur P.S. Case No. 59 of 2020, registered for the offence punishable under Sections 363, 365, 367, 368 and 34 of the Indian Penal Code and section 8/12 of the POCSO Act.

As per the prosecution case, this petitioner along with two others forcibly got the victim girl seated in the Bolero vehicle and tried to run away, but all of them were caught by the police.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. The alleged occurrence is said to have taken place in broad day light at 8.30 am and there is contradiction in 161 statement and statement under Section 164 Cr.P.C of the victim girl. There is general and

Patna High Court CR. MISC. No.41691 of 2021(2) dt.25-10-2021 2/2 omnibus allegation and there is no specific role of the petitioner in committing the alleged offence. Moreover, the victim girl was recovered from the place of occurrence itself. Petitioner is in custody since 13.07.2020 having clean antecedent. Chargesheet has already been submitted.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge VII-cum-Special Court (POCSO Act), Patna in connection with Shahjahanpur P.S. Case No. 59 of 2020.

(Prabhat Kumar Singh, J) vinita/- U T