Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66528 of 2024 Arising Out of PS. Case No.-216 Year-2024 Thana- DIDARGANJ District- Patna ====================================================== 1.

Sumit Kumar S/O Naresh Paswan Keshri @ Naresh Prasad Keshri R/O Village- Phatehpur, P.S- Didarganj, Distt.- Patna. 2.

Rajiv Kumar @ Rajiv Ranjan @ Chhotu S/O Sudhu Saw R/O VillagePhatehpur, P.S- Didarganj, Distt.- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR patna bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanju Singh For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 25-09-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in Didarganj P.S. Case No. 216 of 2024 registered for the offence punishable under Sections-341, 323, 354(A), 504, 506, 34 of the Indian Penal Code, 8 of POCSO Act and 3(i)(r)(s) of SC/ST Act.

3. It is alleged that while the informant's minor daughter was standing at the door, the accused took her to medical shop and tried to outrage her modesty. While the nephew (Jaut) of the informant went there to negotiate, the accused uttered his caste name.

4. Learned counsel for the petitioners has submitted

Patna High Court CR. MISC. No.66528 of 2024(2) dt.25-09-2024 2/2 that the petitioner is innocent and they have falsely been implicated in this case. There is contradiction in between the FIR and the statement of the informant recorded in 161 of the Cr.P.C. The petitioner Nos. 1 and 2 are in custody since 08-072024 and 28-06-2024.

5. Learned APP has opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances, let the petitioners named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII (Special Judge, POCSO), Patna in connection with Didarganj P.S. Case No. 216 of 2024 with condition that the petitioners will cooperate with the trial of the case and make themselves available as and when required by the court.

(Nawneet Kumar Pandey, J) Priyanka/- U T