Sumant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50320 of 2019 Arising Out of PS. Case No.-479 Year-2019 Thana- SASARAM NAGAR District- Rohtas ====================================================== SUMANT KUMAR Son of Indra Kumar Singh @ Indra Singh Resident of Village-Janjara, P.S.-Sheosagar, District-Rohtas at Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Babu Nandan Prasad For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-08-2019 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and the learned counsel for the informant.

This application for anticipatory bail arises out of Sasaram (Town) P.S. Case N0. 479 of 2019, disclosing offences under Sections 341,342,354,504,506 of the Indian Penal Code and Section 8 of the POCSO Act.

It is alleged in the First Information Report that using force the petitioner took the victim in his motorcycle to a hotel and locked her in a hotel room. Allegedly, the petitioner teased her.

Learned counsel for the informant has vehemently opposed the prayer for anticipatory bail.

On perusal of the First Information Report, it is noticed that allegedly the victim was taken from a coaching

Patna High Court CR. MISC. No.50320 of 2019(2) dt.13-08-2019 2/2 class and then in a motorcycle to a hotel. I find substance in the submission made on behalf of the petitioner that, prima facie, the case of the prosecution appears to be improbable.

Considering the above, this application is allowed. Let the petitioner above named in the event of his arrest/surrender within six weeks from today in the Court below, 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 the learned First Additional District and Sessions Judge, Rohtas at Sasaram in Sasaram (Town) P.S. Case No. 479 of 2019 POCSO Case No. 54 of 2019), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) arun/- U