Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42626 of 2022 Arising Out of PS. Case No.-152 Year-2022 Thana- MUFFASIL District- Aurangabad ====================================================== Krishna Kumar S/o Tuntun paswan @ Baleshwar Paswan, Resident of Village - Narsiha, P.S.- Muffasil, District - Aurangabad. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhaskar Shankar, Adv.

For the Opposite Party/s :

Mr. Raj Kishor Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-12-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with G.R.(POCSO) No.25 of 2022 arising out of Muffasil P.S. Case No. 152 of 2022, lodged under Sections 366, 341, 323, 504, 506 of the Indian Penal Code read with Section 4/8 of POCSO Act. As per prosecution case, there is allegation of kidnapping of the informant's daughter but upon query the accused persons have started assaulting to the informant side. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that the allegation made about the kidnapping of the

Patna High Court CR. MISC. No.42626 of 2022(2) dt.06-12-2022 2/3 daughter of the informant is not correct and not accepted. He further submits that Special Court by which bail application has been rejected has acknowledged in the order sheet about her statement under Section 164 of Cr.P.C., by which it transpires that the victim has denied for medical examination and statement under Section 164 of Cr.P.C. has not fully supported the content of F.I.R. Learned counsel for the petitioner further submits that petitioner is in custody since 22.05.2022 and antecedent of petitioner is clean.

Learned counsel for the State opposes the prayer for bail.

Upon specific query that whether charge has been framed in this case or not, learned counsel for the petitioner submits that charge has already been framed in this case. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-cumSpecial Exclusive Judge (POCSO), Aurangabad in connection with G.R.(POCSO) No.25 of 2022 arising out of Muffasil P.S. Case No. 152 of 2022, subject to the conditions as laid down

Patna High Court CR. MISC. No.42626 of 2022(2) dt.06-12-2022 3/3 under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T