Chanchal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60055 of 2021 Arising Out of PS. Case No.-140 Year-2019 Thana- PATEPUR District- Vaishali ====================================================== Chanchal Kumar S/O Nagendra Singh @ Nagendar Singh (NEPHEW Of Ram Babu) R/O Village- Chaknasir Chowk, P.S.- Patepur, District- Vaishali At Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Chandra For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 363, 366(A), 34 of the Indian Penal Code, subsequently Sections 302, 376(D) I.P.C and Sections 4, 6, 8 of the POCSO Act was also added.

It is a case of commission of murder of the five years minor daughter of the informant after committing rape.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.60055 of 2021(7) dt.14-11-2022 2/3 petitioner that petitioner has falsely been implicated in this case and only on the basis of confessional statement of co-accused Iddan Praveen and Santosh Kumar the petitioner has been roped in the present case. There is no eye witness to the occurrence. There is no consistent material against the petitioner in the participation of the crime. It is also submitted that co-accused Idan Parween and Santosh Kumar @ Rahul have been acquitted by the learned Trial Court vide order dated 03.02.2022 passed by Learned Special Exclusive Court-POCSO-cum-ADJ-VI, Vaishali at Hajipur. A copy of the judgment has been annexed as Annexure-4 to the supplementary affidavit.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.60055 of 2021(7) dt.14-11-2022 3/3 cum-Children Court-cum-A.D.J-VI, Vaishali at Hajipur in connection with Patepur P.S. Case No. 140 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T