Roushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62056 of 2023 Arising Out of PS. Case No.-161 Year-2022 Thana- RAJAON District- Banka ====================================================== ROUSHAN KUMAR S/O SAKALDEO MANDAL R/O VILLAGEBHAGWANPUR, PS. RAJOUN, (NAWADA BAZAR), DIST. BANKA ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SUNAINA KUMARI D/O KALI MANDAL R/O VILLAGEBHAWANIPUR, PS. NAWADA BAZAR O.P., DIST. BANKA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar @Deepak Sahay For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-10-2023 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 Rajoun (Nawada O.P.) P.S. Case No. 161 of 2022, registered for the offences punishable under Section 376 of the IPC and Section 4 of the POCSO Act.

3. As per allegation, the petitioner lured the informant and forcibly brought her at the back of Primary School, Bhawanipur. Thereafter, he assaulted her and forcibly made physical relation with her. On hearing hue and cry, the villagers assembled there and the petitioner fled away from there.

4. The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.62056 of 2023(2) dt.13-10-2023 2/2 that the earlier bail petition of the petitioner was disposed of by this Court on 04.05.2023 in Cr. Misc. No. 63029 of 2022, and as submitted, all the witnesses were already examined, the bail petition was disposed of with the observation that if the trial is not concluded within a period of three months, the petitioner may renew his prayer for bail. He has submitted further that mother of the victim became hostile and did not support the prosecution case.

5. Considering the above-mentioned facts and circumstances, 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-VI-Cum-Spl Judge (POCSO), Banka in connection with Rajoun (Nawada O.P.) P.S. Case No. 161 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) Kundan/Nirmal U T