Shashikant Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42847 of 2024 Arising Out of PS. Case No.-657 Year-2022 Thana- DHAKA District- East Champaran ====================================================== 1.

SHASHIKANT KUSHWAHA SON OF BHAGAT PRASAD KUSHWAHA VILLAGE- KARSAHIYA, P.S.- DHAKA, DISTT.- EAST CHAMPARAN 2.

MAHANTH PRASAD KUSHWAHA SON OF LATE CHANNU MAHTO VILLAGE- KARSAHIYA, P.S.- DHAKA, DISTT.- EAST CHAMPARAN 3.

MANOJ PRASAD KUSHWAHA SON OF LATE CHANNU MAHTO VILLAGE- KARSAHIYA, P.S.- DHAKA, DISTT.- EAST CHAMPARAN ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SHOBHA DEVI W/O- MISHRI LAL BAITHA VILLAGE- KARSAHIYA, P.S.- DHAKA, DISTT.- EAST CHAMPARAN AT MOTIHARI ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar , Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-08-2024 Learned counsel for the petitioners is permitted to make correction in paragraph 1 of the bail.

2. Heard learned counsel for the petitioners and learned APP for the State. 2.

3 . The petitioners have prayed for regular bail in a case instituted for the offence under Sections 363 , 364, 366(A) ,

Patna High Court CR. MISC. No.42847 of 2024(2) dt.23-08-2024 2/3 120(B), 506 and 34 of the Indian Penal Code and Section 8 of the POCSO Act.

4. As per prosecution case , it is alleged that these petitioners along with other co-accused persons kidnapped the minor daughter of the informant and also threatened the son of the informant with a country-made pistol.

5 . It is submitted by learned counsel for the petitioner s that specific accusation is against co-accused Arvind Kumar and the victim in her statement in her statement recorded under Section 164 cr. P C has categorically stated that co-accused Arvind Kumar has taken away her at naurangia and other places. There is no allegation of any sexual assault against these petitioners. The said co-accused Arvind Kumar has already been granted bail vide order dated 02.07.2024 in Cr. Misc. No. 45139 of 2024 . Petitioners are in custody since 22.11.2023 .

6. Learned counsel for the State opposed the bail petition .

7. Considering the period of custody and the fact that co-accused Arvind Kumar against whom there is specific accusation has already been granted bail, prayer for bail of the petitioners is allowed.

8 . Let the petitioners, as named above, be enlarged

Patna High Court CR. MISC. No.42847 of 2024(2) dt.23-08-2024 3/3 on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -VI - cum - Special Judge POCSO Act East Champaran at Motihari ( Bihar ) in connection with Dhaka Police Station Case No. 657 of 2022 . (Prabhat Kumar Singh, J) Koushik/- U T