Patna High CourtCR. MISC./44590/2023bail granted

Ritesh Kumar v. The State Of Bihar

2023-07-26Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44590 of 2023 Arising Out of PS. Case No.-41 Year-2023 Thana- PURAINI District- Madhepura ====================================================== Ritesh Kumar Son Of Late Kapil Dev Poddar Resident Of Village- Puraini @ Purani, Ps- Puraini, Distt- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bam Bahadur Jha For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 26-07-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Puraini P.S. Case No. 41 of 2023 registered for the offence under Sections 376/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with other co-accused took the minor daughter of the informant in maize field where co-accused Vikas Kumar committed rape upon the victim.

4. Learned counsel for the petitioner submits that the petitioner is in custody since 22.02.2023, petitioner is quite innocent and has committed no offence and he has falsely been implicated in this case.

5. Learned counsel for the petitioner further

Patna High Court CR. MISC. No.44590 of 2023(2) dt.26-07-2023 2/2 submits that co-accused namely Chhotu Kumar has been granted bail by a co-ordinate Bench of this Court vide order dated 03.07.2023 passed in Cr. Misc. No. 36783 of 2023.

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

7. Considering the aforesaid facts, this application for regular bail is allowed.

8. 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 Addl. Sessions Judge-VI-cum-Special Judge, POCSO, Madhepura/concerned Court below in connection with Puraini P.S. Case No. 41 of 2023.

(Sandeep Kumar, J) Shishir/- U T