Ashutosh Kumar @ Chhote @ Chhotu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39055 of 2023 Arising Out of PS. Case No.-44 Year-2023 Thana- ARWAL District- Jehanabad ====================================================== Ashutosh Kumar @ Chhote @ Chhotu S/o Awadhesh Verma R/o VillageRojapar, P.S.-Arwal in the District of Arwal. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar, Adv.
For the Opposite Party/s :
Mr. Amitesh Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-07-2023 Let the defect(s), if any, be removed within two weeks from today.
2. Heard learned counsel for the petitioner and learned A.P.P. for the State.
3. The petitioner seeks regular bail in connection with Special POCSO Case No. 11 of 2023 arising out of Arwal P.S. Case No. 44 of 2023 dated 24.01.2023, lodged under Sections 363, 365 of the Indian Penal Code read with Section 8 of POCSO Act.
4. As per prosecution case, the F.I.R. has been lodged against four named accused persons including the present petitioner with allegation that they have kidnapped the daughter of informant.
5. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.39055 of 2023(2) dt.07-07-2023 2/3 alleged kidnapped girl has been recovered and she has narrated in her statement recorded under Section 164 of Cr.P.C. that she went with her friend with own consent and this fact has also come in the rejection order of the bail passed by the court below. He further submits that antecedent of petitioner is clean and he is in custody since 16.03.2023.
6. Learned counsel for the State opposes the prayer for bail.
7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VIcum-Special Judge (POCSO) Act, Jehanabad in connection with Special POCSO Case No. 11 of 2023 arising out of Arwal P.S. Case No. 44 of 2023, subject to the conditions as laid down under Section 437(3) of Cr.P.C.
8. With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) ravishankar/- U T
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