Patna High CourtCR. MISC./41910/2023bail granted

Deepak Kumar @ Amit v. The State Of Bihar

2023-07-14Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41910 of 2023 Arising Out of PS. Case No.-873 Year-2022 Thana- MANER District- Patna ====================================================== DEEPAK KUMAR @ AMIT S/O SANJAY KUMAR @ SANJAY RAI R/O VILLAGE- SAHALICHAK, P.S.- MANER, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Jitendra Kumar Singh For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 14-07-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Special Case No. 194 of 2022 arising out of Maner P.S. Case No. 873 of 2022 registered for the offence under Section 376 of the Indian Penal Code and under Section 3⁄4 of the POCSO Act and 66E of the I.T. Act.

4. The allegation against the petitioner is of committing rape upon a minor girl.

5. Learned counsel for the petitioner submits that Maner P.S. Case No. 908 of 2022 was registered by the father of the victim and the present case has been registered by the victim

Patna High Court CR. MISC. No.41910 of 2023(2) dt.14-07-2023 2/2 herself just to harass the petitioner as he is working in Army and the victim had eloped with the petitioner on her own.

6. Learned counsel for the petitioner also submits that the petitioner is innocent and he is in custody since 17.12.2022.

7. Learned A.P.P. has vehemently opposed the prayer for bail.

8. Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

9. Let the petitioner, above named, 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 the learned Additional District and Sessions Judge-VII-cumExclusive Special Court (POCSO Act), Patna in connection with Special Case No. 194 of 2022 arising out of Maner P.S. Case No. 873 of 2022.

(Sandeep Kumar, J) Vikas/- U