Sujeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 1674 of 2021 Arising Out of PS. Case No.-80 Year-2020 Thana- SUPPI District- Sitamarhi ====================================================== Sujeet Kumar Son of Lochan Paswan @ Ram Lochan Paswan Resident of Village - Barharwa @ Bishunpur Mohabbat, P.S. - Suppi, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Mr. Md.Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

03-03-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Suppi P.S. Case No. 80 of 2020, Trial No. 66 of 2020 registered for the offence under Sections 341, 323, 456, 354(B), 504, 506/34 of the Indian Penal Code and Sections 8, 10 of POCSO Act, 2012.

As per the prosecution case, on 13.04.2020 at 10:00 PM, this petitioner alongwith other accused persons entered into the house of informant and tried to sexually assault daughter of the informant.

It is submitted on behalf of petitioner that petitioner is innocent and has falsely been implicated in this case due to dirty village politics. It is further submitted that during course of investigation, the statement of the victim girl was recorded under Section 164 of the Cr.P.C., in which, she has not named this petitioner and specific allegation has been made against co-

Patna High Court CR. MISC. No.1674 of 2021(2) dt.03-03-2021 2/2 accused Sunil Kumar Singh & Raja Singh and she (victim) has not whispered anything against this petitioner. Petitioner is in custody since 29.09.2020.

Considering the aforesaid facts and circumstances as well as statement of the victim girl recorded under Section 164 Cr.P.C., the bail application of petitioner is allowed. Let the above named petitioner be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge No. 6 cum Special Judge, POCSO Act, Sitamarhi in connection with Suppi P.S. Case No. 80 of 2020, Trial No. 66 of 2020, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T