Vishal Kumar @ Nishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34116 of 2023 Arising Out of PS. Case No.-401 Year-2022 Thana- SULTANGANJ District- Patna ====================================================== Vishal Kumar @ Nishal Kumar S/O Late Rajesh Ram R/O Ambedkar Colony, Sandalpur, Khadpar,P.S.-Sultanganj, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Krishna Jha, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-06-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner seeks bail in connection with Sultanganj P.S. Case No. 401 of 2022 registered for the offence under Section 366-A of the Indian Penal Code and under Section 12 of the POCSO Act.

The accused/petitioner is named in the F.I.R. and is in custody since 05.11.2022.

The allegation against the petitioner is to kidnap the minor daughter of the informant, aged about 14 years, for the purpose of illicit intercourse/marriage.

Learned counsel appearing on behalf of the petitioner submitted that petitioner falsely implicated with present case as his love affairs with the victim girl was not accepted by his

Patna High Court CR. MISC. No.34116 of 2023(2) dt.26-06-2023 2/3 family members including this petitioner. It is submitted that even, during the course of investigation, victim did not support the allegation of kidnapping and sexual assault. It is pointed out that the victim already examined during the course of trial as witness no. 1 on 05.04.2023, where she clearly negate the allegation of kidnapping and sexual assault in her depositions and, as such, keeping petitioner behind the bar for any period shall not serve any purpose of justice. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above and by taking note of nature of allegation, where victim totally denied the allegation of kidnapping and sexual assault during the course of trial, where petitioner is in custody since 05.11.2022, accordingly, above named petitioner is directed to be released on bail in connection with Sultanjganj P.S. Case No. 401 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-VII-cum-Special Judge,

Patna High Court CR. MISC. No.34116 of 2023(2) dt.26-06-2023 3/3 POCSO at Patna/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T