Patna High CourtCR. MISC./45535/2023bail granted

Deepak Kumar v. The State Of Bihar

2023-07-28Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45535 of 2023 Arising Out of PS. Case No.-124 Year-2021 Thana- KHUDAGANJ District- Nalanda ====================================================== DEEPAK KUMAR, Son of Dinesh Kumar, Resident of Village-Jathauna, Police Station-Khudaganj, District-Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar, Adv.

For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-07-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with POCSO Case No. 146 of 2021 arising out of Khudaganj P.S. Case No. 124 of 2021 dated 21.12.2021 registered for the offences punishable under Sections 341, 506, 354(A)/34 of the Indian Penal Code and Sections 8 and 12 of POCSO Act and later on Section 376 of the Indian Penal Code and Section 4 of POCSO Act are also added.

3. The main submissions advanced by learned counsel Mr. Pankaj Kumar appearing for the petitioner are that the petitioner has been languishing in jail since 07.02.2023 having fair and clean antecedent and he is a young person and against the petitioner there is a simple allegation of having

Patna High Court CR. MISC. No.45535 of 2023(2) dt.28-07-2023 2/2 misbehaved and teased the victim who is a major girl as per her age assessed by the medical board and against the petitioner investigation has been completed.

4. Learned APP Mr. Choubey Jawahar appearing for the State has opposed the prayer for bail.

5. Having regard to the facts and circumstances of this case, considering the above submissions and mainly petitioner's young age and also the completion of investigation against him, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above 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 concerned Court in connection with POCSO Case No. 146 of 2021 arising out of Khudaganj P.S. Case No. 124 of 2021. (Shailendra Singh, J.) Maynaz/- U T