Laurik Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72545 of 2021 Arising Out of PS. Case No.-235 Year-2020 Thana- LAURIA District- West Champaran ====================================================== LAURIK KUMAR Son of Belas Ram Resident of Village- Mishra Tola, P.S.- Lauria, District- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 582 of 2022 Arising Out of PS. Case No.-235 Year-2020 Thana- LAURIA District- West Champaran ====================================================== BELAS RAM @ VILASH RAM S/O LATE DEODHARI RAM R/o villageMishia Tola, P.S.- Lauriya, District- West Champaran ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 72545 of 2021) For the Petitioner/s :

Mr.Anant Kumar Mishra For the Opposite Party/s :

Mr.Rana Randhir Singh (In CRIMINAL MISCELLANEOUS No. 582 of 2022) For the Petitioner/s :

Mr.Anant Kumar Mishra For the Opposite Party/s :

Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-05-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioners and learned APP for the State.

These are applications for regular bail on behalf of

Patna High Court CR. MISC. No.72545 of 2021(2) dt.30-05-2022 2/3 the petitioners for the offences alleged under Sections 363, 366(A) and 34 of the Indian Penal Code and Section 8 of the POCSO Act, registered in connection with Lauriya P.S.Case No. 235 of 2020.

As per allegation, the petitioner Laurik Kumar, his father Belas Ram @ Vilash Ram and co-accused Sangru Kumar, Shivdhar Ram and Matha Ram had kidnapped the minor sister of the informant.

The learned counsel for the petitioners has submitted that the entire allegation is false and fabricated. Petitioner Belas Ram @ Vilash Ram, father of petitioner Laurik Kumar, is aged about 66 years. He has submitted further that the victim did not support the prosecution version in her statement under Section 164 of the Cr.P.C. He has also submitted that when the victim's side perceived the real fact, they filed a compromise petition. The FIR was lodged after 13 days of the occurrence and petitioners are in custody since 03.10.2021.

Considering the above facts and circumstances, let the petitioners of both the cases, above-named, 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 District and Sessions Judge-VIIth-cum-

Patna High Court CR. MISC. No.72545 of 2021(2) dt.30-05-2022 3/3 Special Judge, POCSO, Bettiah, West Champaran in connection with Lauriya P.S.Case No. 235 of 2020, subject to the following conditions:-

1. The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.

2. If the petitioners are found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioners and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioners within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

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