Patna High CourtCR. MISC./65848/2023bail granted

Alok Kumar v. The State Of Bihar

2023-12-13Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65848 of 2023 Arising Out of PS. Case No.-65 Year-2023 Thana- ADAPUR District- East Champaran ====================================================== Alok Kumar Son Of Rakesh Singh Resident Of Village- Kachurbari, PsAdapur (HARPUR OP), Distt- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-12-2023

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

2. The petitioner has preferred this application for grant of regular bail in connection with Adapur P.S. Case No. 65 of 2023, registered under sections 363, 366A and 34 of the Indian Penal Code and Sections 6 and 8 of the POCSO Act.

3. As per the prosecution case, the informant states that the petitioner and co-accused Kawal Paswan took away his 16 year old daughter. Similar occurrence has occurred in the past also.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the case. The daughter of the informant returned and her statement was recorded under section 164 Cr.P.C wherein she has not supported the

Patna High Court CR. MISC. No.65848 of 2023(3) dt.13-12-2023 2/2 prosecution case. Co-accused Kawal Paswan has been enlarged on bail vide order dated 6.12.2023 passed in Cr. Misc. no. 65135 of 2023. The petitioner is in custody since 27.7.2023 and charge-sheet has been submitted in this case.

5. The application for bail is opposed by learned APP appearing for the State.

6. Having heard learned counsels for the parties and taking into consideration the material that has transpired in course of investigation especially the contents of the statement of the informant's daughter recorded under section 164 Cr.P.C, the grant of bail to co-accused Kawal Paswan and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Adapur P.S. Case No. 65 of 2023, on furnishing bail bond of Rs. 10,000- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge 7th-cum-Special Judge, POCSO, East Champaran at Motihari.

(Partha Sarthy, J) Harsh/- U T