Patna High CourtCR. MISC./55905/2021bail granted

Abhishek Kumar @ Raman Kumar v. The State Of Bihar

2021-12-07Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55905 of 2021 Arising Out of PS. Case No.-74 Year-2021 Thana- BALIYA District- Begusarai ====================================================== ABHISHEK KUMAR @ RAMAN KUMAR S/o RAMDEO MAHTO @ BACHCHU MAHTO R/o VILLAGE-MANSERPUR, P.S-BALLIA, DISTRICT-BEGUSARAI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Randhir Kumar No.1 For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-12-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 376/511 of the Indian Penal Code and u/s 3/8 of POCSO Act.

As per the prosecution case, petitioner is alleged to have attempted to commit sexual assault with the victim. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. Both parties are next neighbours and there is land dispute between the parties and informant side filed a case u/s 144 of Cr. P. C. which had gone in favour of petitioner side. The medical board has not found any injury on any part of body of victim. The doctor has assessed the age of victim between 15-

Patna High Court CR. MISC. No.55905 of 2021(2) dt.07-12-2021 2/2 17 years. Petitioner is in custody since 23.06.2021 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, 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 Additional Sessions Judge-VI-cum- Special Judge, POCSO Act, Begusarai in connection with Ballia PS case No.74/2021.

(Prabhat Kumar Singh, J) BKS/- U T