Sunny Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1742 of 2021 Arising Out of PS. Case No.-14 Year-2020 Thana- MAHILA PS District- Jehanabad ====================================================== SUNNY KUMAR SON OF ANIL SINGH RESIDENT OF VILLAGEMUTHER, POLICE STATION- JEHANABAD (KADAUNA O.P.), DISTRICT-JEHANABAD ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjay Kumar Singh Mr. Vikram Deo Singh For the Informant : Mr. Arjun Prasad For the Opposite Party/s :
Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-03-2021 Heard both parties.
The petitioner seeks bail in Jehanabad Mahila P.S. Case No. 14 of 2020, registered for the offence punishable under Sections 354, 354(A), 354(B), 354(D), 341, 342, 504, 506 and 34 of the Indian Penal Code and sections 8, 12 of the POCSO Act.
As per the prosecution case, minor daughter of the informant was studying in Class VIII in DAV Public School and while she was going to school, the accused persons including this petitioner used to molest her and about one year ago, on the point of knife, the accused persons prepared obscene video of the daughter of informant and also used to torture by making the
Patna High Court CR. MISC. No.1742 of 2021(2) dt.04-03-2021 2/3 video viral. It is further alleged that accused persons also tried to took the daughter of informant forcibly, but on hulla villagers arrived and she was saved.
It is submitted on behalf of the petitioner that petitioner is 19 years old boy and has falsely been implicated in this case due to village politics and there is general and omnibus allegation. Similarly situated co-accused person has been granted bail by a coordinate Bench of this court vide order dated 19.02.2021 passed in Cr. Misc. No. 102 of 2021. Petitioner is in custody since 29.09.2020 and bears clean antecedent. Considering the facts and circumstances of the case and the fact that petitioner is a student aged about 19 years and bears clean antecedent and similarly situated co-accused has been granted bail by this court, the petitioner above-named, is directed to be enlarged 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 IV-cum-Special Judge (POCSO Act), Jehanabad in connection with Jehanabad Mahila P.S. Case No.
Patna High Court CR. MISC. No.1742 of 2021(2) dt.04-03-2021 3/3 court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (iii) In the event, the petitioner is found indulged in such type of activities, in future, the Court below shall be at liberty to cancel the bail bond of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T