Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42901 of 2024 Arising Out of PS. Case No.-17 Year-2024 Thana- RUPO District- Nawada ====================================================== Kundan Kumar son of Birju @ Birzu Yadav Resident Of Village- Jaila PsRupau District- Nawada ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Rajesh Yadav son of Late Mundi Yadav Village- Jaila Ps- Rupau DistNawada ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Adv For the Opposite Party/s :

Mr. Rabindra Kumar, APP For the Informant :

Mr. Amar Prabhas, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-07-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Rupau P.S. Case No. 17 of 2024 dated 26.03.2024 registered for the offences punishable u/s 376(D) of the I.P.C. and 4,6 of the POCSO Act.

3. As per the prosecution case, the petitioner Kundan Kumar (son of Birju Yadav) and the co-accused Kundan Kumar (son of Ranjendra Yadav) are alleged to have committed sexual assault with the minor daughter of the informant one after another.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.42901 of 2024(2) dt.01-07-2024 2/2 this case. As per the statement of victim girl recorded under Section 164 of the Cr.P.C. the petitioner Kundan Kumar (son of Birju Yadav) has not committed sexual assault with the minor daughter of the informant. The allegation against the petitioner is of molesting the victim. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 27.03.2024.

5. Learned A.P.P. for the State and learned counsel for the informant has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nawada, in connection with Rupau P.S. Case No. 17 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T