Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59344 of 2021 Arising Out of PS. Case No.-749 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== PAWAN KUMAR Son of Ayodhya Raut R/o Jagjiwan Nagar Ward No.- 27, P.S.- Bettiah Town, District - W. Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhannjay Kumar No 2, Advocate For the Opposite Party/s :

Ms. Rita Verma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-02-2022 Heard learned counsel for the parties via video conferencing.

Petitioner seeks regular bail in connection with Bettiah Town P.S. Case No. 749 of 2019 registered for the offence under Sections 354 , 354(B) / 506 / 34 of the I.P.C. and Sections 8 / 11 of the POCSO Act.

As per the First Information Report while the daughter of the informant was going to attend the coaching class, she was intercepted by the petitioner and other accused persons, who stopped her near Raj Dayodhi and demanded sexual favour from her. It is further alleged that on 29/07/2019 when the daughter of the informant had gone to attend the aforesaid coaching class, the co-accused / Kartus Raut along

Patna High Court CR. MISC. No.59344 of 2021(2) dt.10-02-2022 2/3 with his friends took her daughter in Nazarbag Park and also sexually assaulted her and prepared video in his mobile. Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case due to village rivalry inasmuch as the petitioner is agnates/friends of coaccused Kartus Raut, and the main accused Kartus Raut has been granted bail by a Co-ordinate Bench of this court in Cr. Misc. No. 12049 of 2021. He further submits that similarly situated co-accused Shiv Shankar Kumar has also been granted bail by this Court in Cr. Misc. 35176 of 2021. He next submits that from perusal of First Information Report it would be evident that allegation of sexual assault is upon the co-accused / Kartus Raut and there is no specific allegation against the petitioner. The petitioner is in custody since 23.12.2020 and charge sheet has already been submitted.

Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that similarly situated co-accused and the coaccused against whom there is allegation have been granted bail by this Court as well as co-ordinate Bench of this Court, petitioner is in custody since 23-12-2020 and charge sheet has

Patna High Court CR. MISC. No.59344 of 2021(2) dt.10-02-2022 3/3 already been submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge VI cum Spl. Judge POCSO, West Champaran, Bettiah in connection with Bettiah Town P.S. Case No. 749 of 2019.

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