Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39885 of 2024 Arising Out of PS. Case No.-658 Year-2023 Thana- MAHUA District- Vaishali ====================================================== Raushan Kumar Son Of Santosh Sahni @ Tauki Sahni Village- Bharatpur, PsMahua,Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravish Mishra For the Opposite Party/s :

Ms.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-10-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 376, 511, 354(B), 379 and 34 of the Indian Penal Code & Sections 8 & 12 of the POCSO Act. 3.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and co-accused Sanjeet Kumar had approached this court seeking anticipatory bail by filing Cr. Misc No. 49593 of 2024 and the same was allowed by an order dated 28-8-2024. It is next submitted that case of the petitioner is similar to that of Sanjeet Kumar and thus based on parity seeks anticipatory bail. It is also submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence. 4.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Patna High Court CR. MISC. No.39885 of 2024(4) dt.01-10-2024 2/2 5.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Mahua P.S. Case No. 658/2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6.

However, it is made clear that in the event, if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioner, despite giving assurance to this Court, is not cooperating in the investigation or is not presenting himself as and when required, the learned trial court shall be at liberty to forthwith cancel the bail bonds of the petitioner after recording reasons.

7.

Let a copy of this order be sent to the concerned police station through the learned Trial Court.

(Satyavrat Verma, J) SUMIT/- U T