Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59583 of 2023 Arising Out of PS. Case No.-392 Year-2022 Thana- DUMRA District- Sitamarhi ====================================================== SUDHIR KUMAR, S/o- MOTI MAHTO, R/o- Muradpur Thana Dumra District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Jha, Advocate For the Opposite Party/s :

Mr. Arvind Kuma Pandey (App.100) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 11-10-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner apprehends his arrest in connection with Dumra P.S. Case No. 392 of 2022 dated 24.08.2022 registered for the offence(s) punishable under Section(s) 363, 365, 366(A), 370, 370(A), 372, 373, 376, 120(B) of the Indian Penal Code and Sections 3, 4, 5 and 6 of Immoral Traffic Act and Sections 4 and 6 of the POCSO Act and Sections 75 and 79 of J.J. Act.

3. The main submissions advanced by the learned counsel for the petitioner are that several persons have been named in the FIR, the petitioner's name surfaced in the statement of the apprehended co-accused but no any specific role of the petitioner in the alleged crime has been revealed, in

Patna High Court CR. MISC. No.59583 of 2023(2) dt.11-10-2023 2/2 fact against the immoral activity which was running in the petitioner's village, petitioner always made protest and owing to the said reason petitioner was falsely implicated in the alleged occurrence. Further submission is that the petitioner is a young person having fair and clean antecedent.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the facts and circumstances of this case as well as above submissions and the nature of the allegation appearing against the petitioner and also his fair and clean antecedent, this court is inclined to accept his anticipatory bail prayer. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Dumra P.S. Case No. 392 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J) Rajiv/- U T