Ayush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40161 of 2019 Arising Out of PS. Case No.-11 Year-2019 Thana- DELHA District- Gaya ====================================================== AYUSH KUMAR, Son of Jay Prakash Narayan, Resident of Village - Manjhiyawan, P.O.- Khanetu, P.S.- Paraiya, Dist.- Gaya. Presently residing at Dhaniya Bagaicha, P.S.- Delha, Dist.- Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Naini Kumari, daughter of Narendra Kumar, r/o MohallaRamdhanpur, Kheti Gali, P.S.-Kotwali, District- Gaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashutosh Singh, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP For the Opposite Party No.2:

Mr. Vinod Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 29-08-2019 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the informant. Petitioner seeks bail in POCSO Case No.03 of 2019 arising out of Delha P.S. Case No.11 of 2019 instituted for the offence under Section(s) 376 Indian Penal Code, Sections 4, 8, 12 of the POCSO Act, Section 66 B of IT Act.

Counsel for the petitioner submits that both parties have compromised the case. Compromise petition filed in the Court below is annexed as Annexure-2.

Counsel for the informant also submits that compromise has taken place between the parties. In the written report, it is alleged that while daughter

Patna High Court CR. MISC. No.40161 of 2019(4) dt.29-08-2019 2/2 of the informant was going to coaching this petitioner developed intimacy with her. He also gave mobile phone to her. It is further alleged that one day he established physical relationship with her. Thereafter, he started blackmailing her. Petitioner is in custody since 12.01.2019.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released 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 ADJ 1st cum Special Judge, POCSO Act, Gaya, in connection with POCSO Case No.03 of 2019 arising out of Delha P.S. Case No.11 of 2019, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T