Kailash Harijan @ Kelash Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49362 of 2024 Arising Out of PS. Case No.-504 Year-2023 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Kailash Harijan @ Kelash Das SON OF LATE ANANDI HARIJAN VillageKolanarayanpur PS- Jagdispur District- Bhagalpur ... ... Petitioner/s
Versus
1.
The State Of Bihar Bihar 2.
Kashi Harijan Son Of Late Moti Harijan Village- Kolanarayanpur PsJagdispur District- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Atul Kumar For the Opposite Party/s :
Mr. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-07-2024 Heard the learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in the present case registered for the offence under Sections 376, 506 of the Indian Penal Code, Section 4 of the POCSO Act and 3(2)(v) of SC/ST Act.
3. From the statement of the victim recorded under Section 164 of the Cr.P.C., one Rishikesh Yadav is the person who is said to have sexually assaulted the victim. Petitioner is said to have assisted Rishikesh Yadav.From the reading of the F.I.R., it appears that victim and Rishikesh Yadav were in a relationship.
Patna High Court CR. MISC. No.49362 of 2024(2) dt.24-07-2024 2/2
4. Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence. Petitioner is in custody since 05.01.2024.
5. Learned A.P.P. has vehemently opposed the prayer for bail.
6. Considering the facts and circumstances of the case, this application for regular bail is allowed.
7. 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-VI-cum-Special Judge, POCSO Act, Bhagalpur/concerned Court below in connection with Jagdishpur P.S. Case No. 504 of 2023. (Sandeep Kumar, J) Shishir/- U T