Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50924 of 2021 Arising Out of PS. Case No.-124 Year-2020 Thana- ROHTAS District- Rohtas ====================================================== Akash Kumar Son of Bijendra Paswan @ Bijendra Ram Resident of Village - Samahuta, P.S.- Rohtas, District - Rohtas (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar Singh For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

21-03-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Sections 365, 366(A), 370(4), 376(DA), 120B of the Indian Penal Code, Sections 4(2) / 6 of the POCSO Act, Section 3(2)(V) of ST & ST Act and Sections 9, 10, 11 of the Prevention of Child Marriage Act.

It is submitted on behalf of petitioner that though, petitioner is named in the F.I.R., but the victim girl, in her statement recorded under Section 164 Cr.P.C., has not named this petitioner. It is further submitted that some of the similarly situated co-accused persons have already been granted bail by this Court and petitioner is in custody since 24.07.2021. Learned A.P.P. for the State has opposed the bail petition.

Patna High Court CR. MISC. No.50924 of 2021(3) dt.21-03-2022 2/2 Considering the aforesaid facts and circumstances as well as statement of the victim girl recorded under Section 164 Cr.P.C., the bail petition of petitioner is allowed. Let the above named petitioner 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 learned A.D.J.-VII cum Special Judge, POCSO / ST & ST Act, Rohtas at Sasaram in connection with POCSO Case No. 47 of 2020, arising out of Rohtas P.S. Case No. 124 of 2020.

(Prabhat Kumar Singh, J) anay/- U T