Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33709 of 2023 Arising Out of PS. Case No.-1234 Year-2022 Thana- SAHARSA SADAR District- Saharsa ====================================================== Ajit Kumar S/O- Koko Sharma Village- New Colony Ward no-8, Ps- Saharsa Sadar and Dist- Saharsa ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sanjeev Verma, Advocate For the APP :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with POCSO Case No. 5 of 2023 arising out of Saharsa Sadar P.S. Case No. 1234 of 2022 for the offence registered under Section 341, 342, 323, 354-A, and 34 of Indian Penal Code and Section 8/12 of Prevention of Children from Sexual Offences Act, 2012. As per prosecution case, the allegation against the petitioner is that he along with other three co-accused persons abducted the minor daughter of the informant with bad intention. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the basis of suspicion only and there is no material against the petitioner. Charge has already been framed and the trial of the case has already been started. Petitioner is in jail custody since 24.12.2022 having no criminal antecedent.

Patna High Court CR. MISC. No.33709 of 2023(2) dt.24-06-2023 2/2 Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, named above, 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 learned Additional Sessions Judge-VIcum-Special Judge (POCSO) Saharsa in POCSO Case No. 5 of 2023 arising out of Saharsa Sadar P.S. Case No. 1234 of 2022, subject to the following conditions:- (i) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court. (ii) In case of absence on two consecutive dates without sufficient reason or if the petitioner misuse the liberty or violate any of the conditions imposed upon him his bail bond will be liable to be cancelled by the Court concerned.

(iii) If the petitioner tampers with the evidence or the witness, in that case the prosecution will be at liberty to move for cancellation of bail.

(Sunil Dutta Mishra, J) shweta/- U T