Monu Kumar @ Bakari @ Binay Kumar @ Vinay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67053 of 2021 Arising Out of PS. Case No.-72 Year-2020 Thana- ALAMGANJ District- Patna ====================================================== Monu Kumar @ Bakari @ Binay Kumar @ Vinay Kumar, S/o late Devendra Chaudhary @ Ravindra Chaudhary @ Jogendra Chaudhary, resident of Mohalla - Mina Bazar, Durga Charan Lane, P.S.- Alamganj, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saket Anand, Advocate For the Opposite Party/s :

Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Alamganj P.S. Case No. 72 of 2020 (Spl. POCSO Case No. 32 of 2020), registered for the alleged offences under Sections 341, 323, 354, 379, 504, 506, 34 of the Indian Penal Code and Sections 8/12 of POCSO Act. As per the prosecution case, the petitioner used to harass the minor informant girl and publicly molested her. The petitioner and co-accused persons also assaulted the parents of

Patna High Court CR. MISC. No.67053 of 2021(3) dt.01-08-2022 2/3 the informant.

Learned counsel for the petitioner submits that the present case is counterblast of Alamganj P.S. Case No.71 of 2020 registered by the petitioner against the father and brother of the informant, who assaulted the petitioner causing injuries on his head. In the statement recorded under Section 164 of Cr.P.C., the informant stated that the petitioner has been forcibly trying to marry her and further stated that he has not touched her physically. The charge sheet has been submitted in this case and the petitioner is in custody since 09.08.2021. Learned APP opposes the prayer for bail.

Having regard to the submissions made hereinabove and considering the fact that there is a case and counter case between the parties and further considering the submission of charge sheet and the period of custody of the petitioner, he is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (POCSO Act)-cum-Additional Sessions Judge-VII, Patna in connection with Special (POCSO) Case No. 32 of 2020, arising out of Alamganj P.S. Case No. 72 of 2020, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal

Patna High Court CR. MISC. No.67053 of 2021(3) dt.01-08-2022 3/3 Procedure and also the following conditions : (i) One of the bailors will be a close relative of the petitioner preferably his parents.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) The petitioner will not in any way contact either the victim or any of the witnesses and will not try to influence the trial.

(iv) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T