Patna High CourtCR. MISC./67014/2024bail granted

Sumit Kumar v. The State Of Bihar

2024-09-26Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67014 of 2024 Arising Out of PS. Case No.-31 Year-2024 Thana- Rasalpur District- Bhagalpur ====================================================== Sumit Kumar Son of Pappu Mandal @ Niranjan Mandal R/o VillageKamatpur, P.S.- Shambhuganj, District- Banka ... ... Petitioner/s

Versus

The State of Bihar 2.

Anita Devi Wife of Awdhesh Mandal R/o Village- Rasalpur, P.S.- Rasalpur, District- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrendra Kumar Jha For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 26-09-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Rasalpur P.S. Case No. 31 of 2024 for the offences punishable under Sections 366(A)/34 of the IPC and Section 8 of the POCSO Act.

3. As per allegation, the accused persons including the petitioner kidnapped the minor daughter of the informant.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that in the light of medical report, the victim is major as her age was found to be 17-19 years. In her statement recorded under Section 164 of the CrPC,

Patna High Court CR. MISC. No.67014 of 2024(2) dt.26-09-2024 2/2 the victim did not support the prosecution. He has also submitted that the petitioner is a person of clean antecedent and is under custody since 17.05.2024.

5. On the other hand, the learned APP for the State has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances especially the clean antecedent of the petitioner, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (POCSO)-cum-VII Additional District and Sessions Judge, Bhagalpur in connection with Rasalpur P.S. Case No. 31 of 2024, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

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