Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61696 of 2024 Arising Out of PS. Case No.-144 Year-2015 Thana- NAUBATPUR District- Patna ====================================================== Jitendra Kumar Son of Suraj Verma @ Surya Kumar Resident of Village - Rustamganj, P.S. - Naubatpur, District - Patna ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Umesh Das Son of Ram Pravesh Das Resident of Village - Naubatpur Nahar Par, P.S. - Naubatpur, District - Patna, Pin Code - 801109 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Sinha For the Opposite Party/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-09-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Special (POCSO) Case No. 91 of 2015 arising out of Naubatpur P.S. Case No. 144 of 2015, registered for the offences punishable under Sections 366(A)/363/34 of the IPC and 3(i)(x) of SC/ST Act.

3. As per allegation, co-accused Mukul Sao and Manoj Sao enticed away the minor daughter of the informant.

4. The learned counsel for the petitioner has submitted that it is a case of misuse of privilege of bail. The petitioner is not named in the FIR. The petitioner is under

Patna High Court CR. MISC. No.61696 of 2024(2) dt.05-09-2024 2/2 custody since 07.04.2024 and he has amply been punished for his default in appearing the court.

5. Considering the above-mentioned facts and circumstances as well as clean antecedent, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII-cumExclusive Special Court (POCSO Act), Patna in connection with Special (POCSO) Case No. 91 of 2015 arising out of Naubatpur P.S. Case No. 144 of 2015, subject to the following condition:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) The petitioner shall remain present physically on each and every date before the court below. In case of failure on two consecutive dates, unless he is prevented by extremely adverse circumstances, the learned court below will be at liberty to cancel the bail bonds of the petitioner. (Nawneet Kumar Pandey, J) kundan/- U T