Arjun Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41010 of 2020 Arising Out of PS. Case No.-162 Year-2020 Thana- ISLAMPUR District- Nalanda ====================================================== Arjun Kewat Son Of Late Thakur Kewat Resident Of Village- Sharifabad, Police Station- Islampur, District-Nalanda ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-04-2021 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner has filed the instant application for grant of regular bail in connection with Islampur P.S. Case no. 162 of 2020 registered under sections 376 and 315 of the Indian Penal Code and sections 4 and 6 of the POCSO Act. As per allegation in the FIR, it is stated by the minor informant that the son of the petitioner, on the pretext of marrying her took her along with him and established physical relations. It is further stated that on the son of the petitioner taking her home, she was abused and assaulted by the accused persons including the petitioner herein.

It is submitted by learned counsel for the petitioner that from perusal of the FIR itself it would transpire that the main allegation is against co-accused Ritik Roushan who

Patna High Court CR. MISC. No.41010 of 2020(3) dt.05-04-2021 2/3 happens to be the son of the petitioner herein. The petitioner has been falsely implicated in the case only because of his relationship. He is in custody since 11.9.2020, has no criminal antecedent and charge sheet has been submitted in the case. Learned counsel for the petitioner further submits that he is producing certified copy of the order dated 8.3.2021 passed in connection with the instant FIR to show that the main accused Ritik Roushan has surrendered in the Court below. Let the certified copy of the order dated 8.3.2021 passed in Islampur P.S. Case no. 162 of 2020 be kept on record.

The application for bail is opposed by learned APP for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that the petitioner is named in the FIR and there is specific allegation against him.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner together with the co-accused son of the petitioner having surrendered in the Court below, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Islampur P.S. Case no. 162 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees Ten

Patna High Court CR. MISC. No.41010 of 2020(3) dt.05-04-2021 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Fast Track Court (POCSO Act)-cum-ASJ VII, Nalanda at Biharsharif.

(Partha Sarthy, J) Prakash/- U