Jitendra Kumar Kamti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71645 of 2023 Arising Out of PS. Case No.-69 Year-2023 Thana- SINGHWARA District- Darbhanga ====================================================== Jitendra Kumar Kamti S/o- Naresh Kamti R/o- Kori Gama Ps- Baheri DistDarbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prashant Kumar Choudhary, Advocate For the Opposite Party/s :
Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 06-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with POCSO Case No. 106 of 2023 arising out of Singhwara P.S. Case No. 69 of 2023, registered for the offences punishable under Sections 363, 366(A) and 34 of the Indian Penal Code and later on Section 4 of the POCSO Act has been added.
3. As per the prosecution case, on the date of occurrence the daughter of informant had gone to her friend but
Patna High Court CR. MISC. No.71645 of 2023(3) dt.06-02-2024 2/3 she did not return. On query, the friend of his daughter told that his daughter has already left the place. During search the informant came to know that one Ashish Kumar has enticed away his daughter with intention to marry with her.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case and has not committed any offence. He further submits that the victim girl has not made any allegation against petitioner in her statement under Section 164 Cr. P.C. He also submits that the victim with her own sweet will wants to marry with the petitioner. He further submits that charge-sheet has already been submitted against the petitioner in this case and he undertakes to co-operate with the trial. He also submits that the petitioner has no criminal antecedent and he is in jail custody since 13.06.2023.
5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.
6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties and period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.71645 of 2023(3) dt.06-02-2024 3/3 satisfaction of learned Exclusive Special Judge (POCSO Act), or Concerned Court Below Darbhanga in connection with POCSO Case No. 106 of 2023 arising out of Singhwara P.S. Case No. 69 of 2023.
(Sunil Dutta Mishra, J) ashishkr/- U T