Sunil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50456 of 2021 Arising Out of PS. Case No.-80 Year-2020 Thana- SUPPI District- Sitamarhi ====================================================== SUNIL KUMAR S/O RAMAYODHYA SINGH R/o village- Barharwa, P.S.- Suppi, District- Sitamarhi (Bihar) ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shankar Kumar For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-03-2022 Heard the parties.
Petitioner seeks regular bail in connection with Suppi PS Case No. 80 of 2020 registered under Sections 341 / 323 / 456 / 354 (B) / 504 / 506 / 34 of the I.P.C. and later on Section 8 and 10 of POCSO Act were added.
As per the First Information Report the petitioner along with other accused persons entered into the house of the informant , caught her minor daughter and tried to commit rape with her on the point of knife.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to previous enmity and land dispute. Both the parties are neighbours and similarly situated co-accused persons namely Raja Kumar @ Raj Kumar Singh (Cr. Misc. No. 5899 / 2021 ) ,
Patna High Court CR. MISC. No.50456 of 2021(2) dt.25-03-2022 2/3 Sujeet Kumar (Cr. Misc. No. 1674 / 2021 ) and Chhotan Kumar @ Chhotu Paswan ( Cr. Misc. No. 14990 / 2021 ) have been granted bail by different Co-ordinate Benches of this court. Petitioner is in custody since 3/5/2020.
Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that similarly situated co-accused persons have been granted bail by different Co-ordinate Benches of this court, petitioner is in custody since 3/5/2020 and charge sheet has already been submitted, as such, I am inclined to grant regular bail to the petitioner.
Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- ( twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-VIcum-Special Judge (POCSO Act), Sitamarhi in connection with Suppi PS Case No. 80 of 2020 on the following condition:- (i) that one of the bailors shall be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor shall also undertake to inform the court if there is any change in the address of the petitioner.
(ii) that the petitioner shall be well represented on each date and if he fails to do so on
Patna High Court CR. MISC. No.50456 of 2021(2) dt.25-03-2022 3/3 two consecutive dates, his bail bond shall liable to be cancelled.
(Anil Kumar Sinha, J) praful/- U T