Ankit Kumar @ Kallu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64438 of 2022 Arising Out of PS. Case No.-620 Year-2022 Thana- BIHTA District- Patna ====================================================== ANKIT KUMAR @ KALLU, Son of Lal Mohan Ray, R/V- Neuri, P.S- Bihta (Neura O.P) Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Krishna Jha, Advocate For the Opposite Party/s :

Mr.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-03-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 341, 323, 354B, 504, 506 read with Section 34 of the Indian Penal Code and Sections 8 and 12 of the POCSO Act and Section 27 of the Arms Act.

As per the prosecution case, the petitioner and the co-accused persons are alleged to have molested the niece of the informant. The petitioner and the co-accused persons came to the house of the informant and started abusing all the family members

Patna High Court CR. MISC. No.64438 of 2022(2) dt.22-03-2023 2/2 of the informant. The co-accused Nageshwar Yadav also fired on the main door of the informant and they also threatened of dire consequences.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is case and counter case between the parties. No case of Section 8 of the POCSO Act is made out against the petitioner. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.09.2022. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Bihta (Neura) P.S. Case No. 620 of 2022. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T