Sumit Kumar @ Sumit Ranjan @ Sumit Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47314 of 2022 Arising Out of PS. Case No.-172 Year-2022 Thana- LAKHISARAI District- Lakhisarai ====================================================== SUMIT KUMAR @ SUMIT RANJAN @ SUMIT KEWAT Son of Naresh Kewat Resident of Village - Jogmaila, Ward no.18, Town, P.S. and Distt.- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Om Prakash Maharaj, Advocate.

For the Opposite Party/s :

Mr.Madhura Nand Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-12-2022 Heard Mr. Om Prakash Maharaj, learned counsel for the petitioner and Mr. Madhura Nand Jha, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Lakhisarai P.S. Case No. 172 of 2022 registered for the offences punishable under Sections 363, 366-A, 323, 324, 34 of the Indian Penal Code 1860 and Section 9 of the Child Marriage Prohibition Act, 2006.

As per the First Information Report, the petitioner entered into the house of the informant and forcibly applied vermilion upon the head of the minor daughter of the informant aged about 15 years and when the son of the informant

Patna High Court CR. MISC. No.47314 of 2022(2) dt.09-12-2022 2/3 protested, the petitioner along with his family members assaulted the informant, her son and other family members. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of concocted story. He next submits that the petitioner and victim girl are close door neighbour and there was love affair between them. It has also been submitted that the girl was medically examined by the Doctor and her age was found between 19-20 years. Learned counsel further submits that the statement of girl was recorded under Section 164 Cr. P.C. in which she has not stated anything against the petitioner. The petitioner is in custody since 27.2.2022 and charges have been framed against him.

Regards being had to the submission made by the parties and taking into consideration the fact that charges have already been framed against the petitioner, he is in custody since 27.2.2022 and there is no likelihood that the petitioner will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.47314 of 2022(2) dt.09-12-2022 3/3 each to the satisfaction of learned District & Sessions Judge, Lakhisarai, in connection with Lakhisarai P.S. Case No. 172 of 2022 (Sessions Case No. 180 of 2022).

(Anil Kumar Sinha, J) S.Ali/- U T