Bitu Kumar @ Bittu Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60089 of 2024 Arising Out of PS. Case No.-21 Year-2024 Thana- DULHIN BAZAR District- Patna ====================================================== Bitu Kumar @ Bittu Kumar Yadav Son of Subodh Kumar Yadav Resident of village- Achhua, PS- Dulhin Bazar, District -Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar For the Opposite Party/s :
Mr. Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-09-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 379 and 354B of the Indian Penal Code read with Section 8 of the POCSO Act.
3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and the informant alleges that on 25.01.2024 when her daughter along with her niece, both aged 14 years, were returning home after attending coaching classes and when they reached near a canal, the petitioner along with 4-5 other accused persons surrounded them by their cycle and started misbehaving with them and acted inappropriately and even tried to pull their cloths, further on information, the informant also reached the place of occurrence along with her
2/4 son, when petitioner misbehaved with her and also snatched her jewellery, thereafter the accused persons pushed the girl into the canal nearby.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is also submitted that petitioner and the victim were known to each other and when they were talking, the informant came and thereafter the instant case came to be instituted.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that petitioner has antecedent of one case and there is specific allegation against him of acting inappropriately with the minors and even pushing them into the canal when the informant reached the place of occurrence.
6. The learned counsel for the petitioner further submits that petitioner is a young boy aged about 20 years and in the event if he is sent to judicial custody, his entire career would get jeopardized and chances are bright that he may come in contact with hardened criminals. It is next submitted that petitioner will not abscond rather will co-operate in the investigation to prove his innocence.
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7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Dulhin Bazar P.S. Case No. 21 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
8. One of the bailors of the petitioner shall be his father, Subodh Kumar Yadav.
9. It is made clear that the petitioner will keep marking his attendance in the concerned police station in between 25-30th of every month commencing from September, 2024 till the charge sheet is not submitted.
10. It is made clear that if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that petitioner is not marking his attendance in between 25-30th of every month before filing of charge sheet, the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioner.
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11. Accordingly, the instant anticipatory bail application stands allowed.
(Satyavrat Verma, J) Rishabh/- U T