Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49791 of 2024 Arising Out of PS. Case No.-208 Year-2024 Thana- JAHANABAD District- Jehanabad ====================================================== 1.
Santosh Kumar son of Late Budhy Mahto @ Budhu Mahto Resident of village-Dhanauti, Ps- Jehanabad Dist- Jehanabad 2.
Vimal Kumar @ Amarjeet Kumar son of Lalan Mahto Resident of villageDhanauti, Ps- Jehanabad Dist- Jehanabad ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Beauty Rani D/o Awadesh Kumar R/o Dhanadihri, Mathiya, P.S.-Sikariya, District-Jehanabad ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Santosh Kumar Singh For the Opposite Party/s :
Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-08-2024 Heard learned counsel for the petitioners as well as learned APP for the State.
2. In this case, the petitioners are seeking regular bail in connection with Jehanabad P.S. Case No. 208 of 2024, registered for the offences punishable under Sections 363, 366(A) of the Indian Penal Code and Section 12 of POCSO Act.
3. As per allegation, the minor daughter of the informant went to attend the call of nature outside of his house but she did not return. On search, the informant came to know that the accused petitioners including others kidnapped his daughter.
Patna High Court CR. MISC. No.49791 of 2024(3) dt.20-08-2024 2/3
4. Learned counsel for the petitioners has submitted that it has been mentioned in paragraph no. 7 of the bail application that in her statement, the victim stated before the investigating authorities that she joined co-accused Javindra Kumar on Facebook. The intimacy developed between them. She has further stated that the petitioners and main accused Javindra took her on a motorcycle. Learned counsel has submitted that the petitioners are innocent and have falsely been implicated merely because they are the friends of main accused Javindra Kumar. He has submitted further that the statement of the victim reveals itself that the petitioners have no relation with that girl. The petitioners are the persons of clean antecedent and the petitioner no. 1 is under custody since 22.03.2024 and petitioner no. 2 is under custody since 02.04.2024.
5. Considering the above-mentioned facts and circumstances, let the petitioners above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learnedAddl. Sessions Judge-VI-cum-Spl. Judge (POCSO) Act, Jehanabad in connection with Jehanabad (Sikariya O.P.) P.S. Case No. 208 of 2024, subject to the following condition:- The petitioners shall cooperate in the disposal of
Patna High Court CR. MISC. No.49791 of 2024(3) dt.20-08-2024 3/3 trial and make themselves available as and when required by the court.
(Nawneet Kumar Pandey, J) SONALI/- U T