Chotu Kumar@Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35881 of 2020 Arising Out of PS. Case No.-264 Year-2019 Thana- BARH District- Patna ====================================================== Chotu Kumar @ Chhotu Kumar, aged about 21 years, Male, Son of Sri Chandan Kumar @ Chandan Kumar Verma, Resident of Mohalla Kazichak, P.S. Barh, District Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Kumar Anand For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-01-2021 Heard the learned counsel for the petitioner and Mr. Nand Kishore Prasad, the learned Additional P.P. The petitioner seeks bail in Barh P.S. Case No.264 of 2019, registered under Sections 448, 354(A) and 506 of the Indian Penal Code and under Section 8 of the POCSO Act, corresponding to Special (POCSO) Case No.103 of 2019.

The gist of the allegation against the petitioner is that the petitioner was apprehended while he was having sword in his hand and coming down from the stairs of the house of the informant. When the petitioner was apprehended, the daughter of the informant disclosed that the petitioner used to eve-teased her while she was going for taking tuition.

Learned counsel for the petitioner submits that prayer for bail of the petitioner was earlier rejected by Hon'ble the Chief

Patna High Court CR. MISC. No.35881 of 2020(3) dt.25-01-2021 2/2 Justice vide order dated 19.12.2019, passed in Cr. Misc. No.84326 of 2019, but the petitioner again filed the case for grant of bail and by order dated 23.12.2020, the Hon'ble the Chief Justice recorded the order releasing the case not to be treated as part heard and only then the case is listed before this Court. It is submitted that the petitioner is in jail since 12.06.2019. The petitioner has already remained in jail for more than one year and seven months. The learned Additional P.P. opposed the prayer for bail.

Having regard to the facts and nature of allegations made against the petitioner and the fact that the petitioner has remained in jail for more than one year and seven months, petitioner, namely, Chotu Kumar @ Chhotu Kumar is directed to 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 the learned 1st Additional Sessions Judge, Patna in connection with Barh P.S. Case No.264 of 2019, giving rise to Special (POCSO) Case No.103 of 2019.

(Prabhat Kumar Jha, J) S.KUMAR/- U T