Bishnu Kamat @ Vishun Dev Kamat @ Binde Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46850 of 2019 Arising Out of PS. Case No.-30 Year-2017 Thana- NADI District- Supaul ====================================================== BISHNU KAMAT @ VISHUN DEV KAMAT @ BINDE KAMAT Son of Baris Lal Kamat Resident of Village - Kadamaha, P.S.- Supaul Nadi, Dist.- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Jha For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-09-2019 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in connection with Supaul Nadi P.S. Case No. 30 of 2017 giving rise to POCSO Case No. 30/2017 registered for the offence punishable under sections 365, 366A, 506 and 120B of the Indian Penal Code and sections 4 and 6 of the POCSO Act.

As per allegation in the FIR, the accused persons including the petitioner, co-accused Arbind Kamat and others allegedly kidnapped the daughter of the informant and the accused Deepak Kamat is said to have committed rape on her. It is submitted by learned counsel for the petitioner that the case of the petitioner stands on similar footing to that of the co-accused Arbind Kamat, who has been enlarged on bail vide order dated 03.04.2019 passed in Cr. Misc. No. 20721 of

Patna High Court CR. MISC. No.46850 of 2019(3) dt.25-09-2019 2/2 2019. The petitioner is in custody since 03.04.2019 and has no criminal antecedent.

It is submitted by learned counsel for the informant that there is specific and direct allegation against this petitioner not only in the FIR but also in the statement of the victim girl recorded under section 164 of the Cr.P.C.

The application for bail is also opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the fact that similarly situated coaccused, Arbind Kamat has been enlarged on bail, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-1st, Supaul in connection with Supaul Nadi P.S. Case No. 30 of 2017 giving rise to POCSO case No. 30/2017.

(Partha Sarthy, J) sushma/- U T