Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35727 of 2024 Arising Out of PS. Case No.-1047 Year-2023 Thana- JAHANABAD District- Jehanabad ====================================================== Akash Kumar son of Ashok Singh Mohalla- Tulsichak, PS- Masaurhi, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitender Kumar For the Opposite Party/s :

Mr. Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner submits that notice has already been served validly to the informant and despite that no one present on behalf of the informant.

2. The petitioner is in custody in connection with Jehanabad Town P.S Case No. 1047 of 2023 registered for the offences punishable under Sections 363, 363(A), 376(AB)/34 of the I.P.C

3. As per prosecution case, it is alleged that petitioner along with co-accused have abducted the daughter of the informant.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.35727 of 2024(4) dt.31-07-2024 2/2 petitioner has falsely been implicated in this case. It is further submitted that victim in her statement under Section 164 of the Cr.P.C she stated that the victim is in love affair with the petitioner and she went away with petitioner with her own consent further there is no allegation of sexual assault against the petitioner by the victim in her statement under Section 164 Cr.P.C. It is also submitted that petitioner has got clean antecedent and he is in judicial custody since 17.11.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum-Special Judge (POCSO) in connection with Jehanabad Town P.S Case No. 1047 of 2023. (Ramesh Chand Malviya, J) Mayank/- U T