Purushottam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42895 of 2022 Arising Out of PS. Case No.-110 Year-2022 Thana- BHAGWANPUR District- Vaishali ====================================================== PURUSHOTTAM KUMAR S/O LATE PRAMOD ROY Resident of villageKhirkhua, P.S.- Bhagwanpur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Narayan Singh For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 30-01-2023 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking regular bail in connection with Bhagwanpur P.S. Case No. 110 of 2022 registered for the offences under Sections 363, 366(A) of Indian Penal Code and under Sections 4, 6 and 8 of the POCSO Act. From going through the statement of the victim-girl recorded under Section 164 of the Cr.P.C., it appears that this is a case of love affair. There is no allegation of any sexual assault and it seems that the victim-girl had willingly accompanied accused-Vikash Kumar. Further, the petitioner is only 19 years old.

Considering the aforesaid facts, this bail application is allowed.

Patna High Court CR. MISC. No.42895 of 2022(3) dt.30-01-2023 2/2 Let the petitioner, above-named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Court, POCSO-cum-Additional District and Sessions Judge-IV, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 110 of 2022, subject to the condition that the petitioner would cooperate in the proceeding of the court below. In the event of failure to appear on two consecutive dates, the court below will be at liberty to pass appropriate order including cancellation of bail bonds of the petitioner. (Sandeep Kumar, J) Harsh/ Pawan U