Aman Kumar @ Aman Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67646 of 2022 Arising Out of PS. Case No.-485 Year-2022 Thana- HILSA District- Nalanda ====================================================== AMAN KUMAR @ AMAN RAJ S/O Krishan Varma R/O Mohalla- Navin Nagar Hills, P.S- Hilsa, District- Nalanda, Permanent Resident of MohallaDaroga Kua, Saidabajar, P.S- Hilsa, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 26-04-2023

1. Let the defects, if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

2. Heard learned counsel for the petitioner and the learned APP for the State.

3. Petitioner seeks regular bail in connection with POCSO Case No. 78/2022 arising out of Hilsa P.S. Case No. 485 of 2022 dated 07.07.2022 registered for the offences punishable under Section 376 of the Indian Penal Code and Section 4 of POCSO Act.

4. The main submissions advanced by petitioner's counsel are that the petitioner has recently attained his majority

Patna High Court CR. MISC. No.67646 of 2022(3) dt.26-04-2023 2/3 and at the time of commission of the alleged occurrence, he was about 19 years old and in this regard supplementary affidavit has been filed with the details of date of birth of the petitioner and the allegation levelled against the petitioner in the FIR is that he established physical relationship with the informant on false pretext of marriage but in fact there was some type of friendship in between them and the petitioner is a student and has been languishing in jail since 08.07.2022 and there is contradiction in between the allegation levelled in the FIR and the statement recorded by the victim under Section 164 of Cr.P.C. Further submission is that the investigation has been completed against the petitioner.

5. Learned APP appearing for the State has opposed the bail prayer.

6. Having considered the above submissions and mainly the petitioner's young age and his fair and clean antecedent and the nature of allegation levelled against the petitioner and also the fact that the investigation has been completed against the petitioner, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner namedabove be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.67646 of 2022(3) dt.26-04-2023 3/3 satisfaction of the Court concerned in connection with POCSO Case No. 78/2022 arising out of Hilsa P.S. Case No. 485 of 2022.

(Shailendra Singh, J) annu/- U T