Patna High CourtCR. MISC./65104/2023bail granted

Ashutosh Kumar @ Arvind Kumar @ Arbind Kumar v. The State Of Bihar

2023-12-06Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65104 of 2023 Arising Out of PS. Case No.-134 Year-2020 Thana- BASANTPUR District- Siwan ====================================================== Ashutosh Kumar @ Arvind Kumar @ Arbind Kumar Son Of Devnath Mahto @ Deonath Mahto Resident Of Village- Babhnauli, Ps- Basantpur (LAKDI Nabiganj Op), Dist- Siwan ... ... Petitioner/s

Versus

The State of Bihar 2.

Manoj Mahto Son Of Late Mohar Mahto Resident Of Village- Babhnauli, Ps- Basantpur (LAKDI Nabiganj Op), Dist- Siwan ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arbind Kumar Singh For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 06-12-2023 Heard the learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Basantpur (Lakdi Nabiganj O.P.) P.S. Case No. 134 of 2020 registered for the offence under Sections 366(A), 504 and 34 of the Indian Penal Code and under Section 8 of the POCSO Act.

4. As per the prosecution case, the petitioner is said to have abducted the victim girl.

5. Learned counsel for the petitioner submits that the petitioner is innocent and the the victim girl in her statement,

Patna High Court CR. MISC. No.65104 of 2023(3) dt.06-12-2023 2/2 just after her recovery has stated that she had gone with the petitioner. She has not alleged anything against the petitioner.

6. Learned counsel for the petitioner also submits that the petitioner is in custody since 25.07.2023.

7. Learned A.P.P. has vehemently opposed the prayer for bail.

8. Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

9. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, VI-cum-Special Judge, POCSO, Siwan in connection with Basantpur (Lakdi Nabiganj O.P.) P.S. Case No. 134 of 2020.

(Sandeep Kumar, J) Vikas/- U T