Luvkush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69718 of 2024 Arising Out of PS. Case No.-43 Year-2024 Thana- MAHILA PS District- Aurangabad ====================================================== Luvkush Kumar, aged about 19 years, S/o Om Prakash Thakur, R/o VillageKhakhara, P.O.- Kunda, P.S.- Muffasil, District- Aurangabad, Bihar ... ... Petitioner

Versus

1.

The State of Bihar 2.

Indrajeet Kumar Verma, S/o- Alakhdeo Verma, R/O Village- Khakhara, POKunda, PS- Aurangabad Mufasil, Dist- Aurangabad ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Shailesh Kumar Singh, Advocate For the State :

Mr. Nand Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Mahila P.S. Case No. 43 of 2024 dated 16.07.2024 registered for the offences punishable under Sections 341, 354D, 293, 323, 504, 506 read with Section 34 of the I.P.C. and Sections 8 and 12 of the POCSO Act.

3. As per the prosecution case, about one month ago, the petitioner caused eve-teaching with the minor daughter of the informant aged about 12 years for which the informant made complaint to his father, on which, he promised not to repeat in future. Again, on 26.06.2024 at about 8.00 A.M., caused same

Patna High Court CR. MISC. No.69718 of 2024(4) dt.19-02-2025 2/3 occurrence and when he again went to make complaint, the coaccused Shrawan Kumar and Anuj Kumar scuffled with the informant in which the informant and Shravan Kumar received some injuries. The accused abused the victim using filthy words.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case due to dirty village politics. The petitioner is also a student of B.A. Part-I of Ambba College and the informant wants to ruin his career due to the village enmity. It is further submitted that the petitioner's side has lodged Aurangabad Muffasil P.S. Case No. 210 of 2024 on 27.06.024 against the informant for assaulting her son and thereafter to save his skin from this case the present false case has been lodged by the informant against the petitioner and others. He has no concern with the alleged offence. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application. The petitioner is in custody in this case since 28.07.2024.

5. Learned A.P.P. for the State has opposed the prayer for bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.69718 of 2024(4) dt.19-02-2025 3/3 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI-cum-Special Exclusive Judge, POCSO Aurangabad (Bihar) in connection with Mahila P.S. Case No. 43 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T