Achhay Kumar @ Akashay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52581 of 2024 Arising Out of PS. Case No.-16 Year-2024 Thana- JAMHOR District- Aurangabad ====================================================== Achhay Kumar @ Akashay Kumar Son Of Laxmi Ram @ Lakshmi Ram Village- Jamhore, Ps- Jamhore, Dist- Aurangabad ... ... Petitioner/S

Versus

1.

The State Of Bihar 2.

Sushma Kumari Daughter Of Ram Pravesh Ram Village- Jamhor, PsJamhor, Dist- Aurangabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, Adv.

For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 341, 323, 342, 363, 376/34 of the Indian Penal Code and Section 4 of the POCSO Act, registered in connection with Jamhor P.S. Case No. 16 of 2024.

3. As per prosecution case, the complainant alleged that co-accused Rohit Kumar allured her on the pretext of going to Mumbai, thereafter the co-accused taken her to Mumbai where she was physically exploited and video was also made, the complainant informed this incident to her family member on

Patna High Court CR. MISC. No.52581 of 2024(2) dt.12-08-2024 2/3 which her family member came and took her back in village. The complainant further alleged that again on 3.12.2023, when she went to ease herself the mother and brother of the coaccused abducted her and confined in a room of one Vishal Kumar, but somehow she managed to escape and co-accused Rohit Kumar will threat her to viral her videos if she complains.

4. The learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case and has committed no offence. Being the brother of the main accused namely Rohit Kumar, he has been implicated in this case. There is no specific allegation against the petitioner. Petitioner is a person of clean antecedent and he is in custody since 07.05.2024.

5. Learned APP for the State has opposed the prayer of bail.

6. Considering the above facts and circumstances of the case and petitioner is a person of clean antecedent, 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 learned Court of Additional Sessions Judge-VI-cum-Special Exclusive Judge, POCSO, Aurangabad in connection with Jamhor P.S. Case No. 16 of

Patna High Court CR. MISC. No.52581 of 2024(2) dt.12-08-2024 3/3 2024, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court.

(Nawneet Kumar Pandey, J) Arish/- U T