Shavan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1181 of 2021 Arising Out of PS. Case No.-241 Year-2020 Thana- ADAPUR District- East Champaran ====================================================== 1.
SHAVAN KUMAR SON OF KRISHNA SAH RESIDENT OF VILLAGE - CHITKAHIYAN, POLICE STATION - ADAPUR, DISTRICT - EAST CHAMPARAN 2.
VIVEK KUMAR SON OF UMESH SAH RESIDENT OF VILLAGE - CHITKAHIYAN, POLICE STATION - ADAPUR, DISTRICT - EAST CHAMPARAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar, Adv.
For the State :
Mr. Binod Kumar, APP For the Informant :
Mr. Vijay Shankar Shrivastava, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 14-02-2022 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant. The petitioners apprehend their arrest in connection with Adapur P.S. Case No. 241 of 2020 registered under Section 376 (D) of the Indian Penal Code and Section 8 of the POCSO Act.
Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. Further submission is that the victim (daughter of the informant) in her statement recorded under Section 164 of the Cr. P.C., stated that petitioners have not
Patna High Court CR. MISC. No.1181 of 2021(4) dt.14-02-2022 2/2 committed any occurrence with her, as contained in Annexure-2 to the bail application. Further he submits that both the parties have compromised the present case, as contained in Annexure-3 to the bail application. Petitioners have no criminal history.
Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of the Additional Sessions Judge-I-cumSpecial Judge, POCSO Act, East Champaran, Motihari in connection with Adapur P.S. Case No. 241 of 2020, subject to the condition as laid down under Section 438(2) of the Cr. P.C. utkarsh/- (Arvind Srivastava, J) U T