Patna High CourtCR. MISC./64335/2024bail granted

Rajesh Kumar v. The State Of Bihar

2024-10-01Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64335 of 2024 Arising Out of PS. Case No.-133 Year-2024 Thana- KISHANPUR District- Supaul ====================================================== Rajesh Kumar S/O Sharwan Yadav @ Shravan Kumar Yadav Resident Of Village - Sukhasan, Ward No. 07, Police Station - Kishanpur, Distt.- Supaul ... ... Petitioner/s

Versus

The State Of Bihar Bihar 2.

Ranjeet Kumar Chaudhari S/O Yogendra Chaudhari R/O Vill - Shripur, Ward No. 11, P.S. - Kishanpur, Distt. - Supaul 3.

Xxx D/O Ranjeet Kumar Chaudhari R/O Vill - Shripur, Ward No. 11, P.S. - Kishanpur, Distt. - Supaul ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anshul, Advocate Mr. Arun For the Opposite Party/s :

Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-10-2024 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in the present case registered for the offence under Sections 366A/34 of the Indian Penal Code. Later on Section 376 of the Indian Penal Code and Section 03/04 of the POCSO Act was added.

3. As per the prosecution case, petitioner is alleged to have tried to commit rape with the victim.

4. Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence. Petitioner is in custody since 06.07.2024 and has clean

Patna High Court CR. MISC. No.64335 of 2024(2) dt.01-10-2024 2/2 antecedent.

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

6. Considering the aforesaid facts and circumstances, this application for regular bail is allowed.

7. 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 Addl. District and Sessions Judge-VI-cum-Special Judge, POCSO Act, Supaul/concerned Court below in connection with Kishanpur P.S. Case No. 133 of 2024 subject to condition that:- (i). Before accepting the bail-bond of the petitioner, the court below will verify the antecedent of the petitioner. If the petitioner is found having clean antecedent, the bail-bond of the petitioner shall be accepted. If the petitioner is found having criminal antecedent(s), his bail-bond shall not be accepted by the court below.

(Sandeep Kumar, J) Shishir/- U T