Aman Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32744 of 2023 Arising Out of PS. Case No.-277 Year-2022 Thana- JANDAHA District- Vaishali ====================================================== Aman Kumar Son Of Nagina Paswan Resident Of Village - Rampur Ramhar, P.S. - Jandaha, Distt. - Vaishali ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar Singh For the Opposite Party/s :
Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 376D, 34 of the Indian Penal Code and Section 4/12 of the POCSO Act and Section 67 of the IT Act.
As per prosecution case, in brief, is that while the daughter of the informant was going to school, co-accused Amod Ram abducted her and committed gang rape with her in collusion with co-accused persons.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused. The petitioner is not
Patna High Court CR. MISC. No.32744 of 2023(2) dt.24-06-2023 2/2 named in the FIR and he has no concern with the alleged occurrence. He has got no criminal antecedent. Similarly situated co-accused has already been granted bail by this Court vide order dated 17.05.2023 passed in Cr. Misc. No. 7664 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 05.01.2023. Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jandaha P.S. Case No. 277 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VIth-cum Special Judge POCSO, Vaishali at Hajipur.
(Sunil Kumar Panwar, J) Manishkumar/- U T