Patna High CourtCR. MISC./41992/2023bail granted

Rishu Kumar v. The State Of Bihar

2023-07-25Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41992 of 2023 Arising Out of PS. Case No.-64 Year-2023 Thana- MAJHAULIA District- West Champaran ====================================================== RISHU KUMAR SON OF SRI PRABHU RAUT @ PRABHU BARI RESIDENT OF VILLAGE BANKAT MUSHAHARI, PS- MAJHAUIA, DISTRICT- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-07-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

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

3. The petitioner has preferred this application for grant of regular bail in connection with Majhaulia P.S. Case No. 64 of 2023 dated 18.1.2023 registered for the offence punishable u/s 363, 366A, 506 read with 34 of the Indian Penal Code and u/s 8 and 12 of the POCSO Act.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor daughter of the informant.

Patna High Court CR. MISC. No.41992 of 2023(2) dt.25-07-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. There was love affair between the parties. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 13.5.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, West Champaran at Bettiah in connection with Majhaulia P.S. Case No. 64 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T