Ashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59086 of 2024 Arising Out of PS. Case No.-120 Year-2024 Thana- GURUA District- Gaya ====================================================== 1.

Ashish Kumar Son Of Kailash Yadav R/V- Village- Dhibra, P.S.- Gurua, Distt.- Gaya 2.

Kundan Kumar Son Of Ramdihal Dangi R/V- Village- Dhibra, P.S.- Gurua, Distt.- Gaya 3.

Rustam Kumar @ Rutstam Son Of Ramesh Mistri R/V- Village- Dhibra, P.S.- Gurua, Distt.- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Simran Kumari D/O- Kamesh Thakur R/V- Village- Dhibra, P.S.- Gurua, Distt.- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aryan Singh, Adv.

For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP Mr. Sanjay Kumar Sharma, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-09-2024 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the opposite party No. 2.

2. The petitioners apprehend their arrest in connection with Gurua P.S. Case No. 120 of 2024 registered under Sections 341, 342, 323, 376, 511, 34 of the Indian Penal Code and Section 8 of the POCSO Act.

3. As per prosecution case, specific accusation of

Patna High Court CR. MISC. No.59086 of 2024(2) dt.19-09-2024 2/3 commission of sexual assault is against co-accused Raja. Allegation against these petitioners is that they were standing outside the room.

4. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case because they are friends of co-accused Raja. No specific allegation against these petitioners. They are only alleged to be present at the spot where the alleged occurrence took place. Petitioners claim clean antecedent.

5. Learned A.P.P. appearing on behalf of the State and learned counsel for the opposite party No. 2 opposed the bail application of the petitioners.

6. Having considered the aforesaid facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail-bonds of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge POCSO-cum-Additional Sessions Judge-VII, Gaya in connection with Gurua P.S. Case No. 120 of 2024, subject to the conditions as laid down under

Patna High Court CR. MISC. No.59086 of 2024(2) dt.19-09-2024 3/3 Section 438(2) of the Cr. P.C.

(Prabhat Kumar Singh, J) utkarsh/- U T