Bhawesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50806 of 2024 Arising Out of PS. Case No.-44 Year-2024 Thana- PARBATTA District- Bhagalpur ====================================================== Bhawesh Kumar, son of Sushil Rai, Village- Jabtalla Parbatta Ps- Naugachiya District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 31-08-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Parbatta (Naugachiya) P.S. Case No. 44 of 2024 registered for the offences punishable under Sections 341, 354(A) of the Indian Penal Code and Section 4/18 of the POCSO Act.

3. Allegation against the petitioner is that he molested the minor daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to previous enmity between the parties with respect to theft of mobile. There is contradiction in the FIR and the statement recorded under Section 164 Cr.P.C. with respect to the place of occurrence as such no physical assault has been

Patna High Court CR. MISC. No.50806 of 2024(2) dt.31-08-2024 2/2 committed by the petitioner. Petitioner is a student having no criminal antecedent. Petitioner undertakes to cooperate in the investigation and trial of this case.

5. Learned APP opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Parbatta (Naugachiya) P.S. Case No. 44 of 2024, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T