Amritesh Jha @ Bittu Kumar @ Amritesh Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58543 of 2023 Arising Out of PS. Case No.-45 Year-2023 Thana- MARANCHI District- Patna ====================================================== AMRITESH JHA @ BITTU KUMAR @ AMRITESH KUMAR JHA son of Shankar Jha @ Shankar Kumar Jha Village- Pachmahla Ps- Maranchi Pachmahla OP dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner, informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 376(D) of the Indian Penal Code, Sections 4 and 6 of the POCSO Act and Sections 3(i)(v)(s)(w)/ 3(2)(va) of the SC/ST Act.

3. The allegation against the petitioner along with others is of committing rape upon the informant, when she went to attend call of nature.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The statement of the victim recorded u/s 164 of the Cr.P.C., in which she specifically stated that the co-

Patna High Court CR. MISC. No.58543 of 2023(4) dt.05-12-2023 2/2 accused Vikash Kumar committed rape upon her without her consent. The victim girl in her statement does not whisper about the complicity with regard to physical assault and sexual abuse/misbehave against the petitioner.

There is no specific overt act against the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 05.04.2023.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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-Vith-cumSpl. Judge POCSO, Patna in connection with Maranchi P.S. Case No. 45 of 2023.

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