Patna High CourtCR. MISC./74023/2024allowed

Amarjeet Kumar v. The State Of Bihar

2024-12-18Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74023 of 2024 Arising Out of PS. Case No.-678 Year-2024 Thana- PHULWARISHARIF District- Patna ====================================================== Amarjeet Kumar, S/o- Late Sanjay Choudhary, R/o - Thalpura, Masaurhi, P.S. - Masaurhi, District - Patna ... ... Petitioner/s

Versus

The State of Bihar 2.

Shivani Kumari, D/o Hira Lal Prasad, R/o Nelsa More, P.S.- Phulwari Sharif, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ghanshyam Tiwary, Advocate For the Informant :

Mr. Mithilesh Kr. Arya, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Phulwarisharif P.S. Case No. 678 of 2024 registered for the offence punishable under Sections 376, of the Indian Penal Code and Sections 4 and 6 of the POCSO Act.

3. Allegation against the petitioner is that on the pretext of marriage he eloped with the victim and established physical relationship with her who is minor aged about 14 years.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the

Patna High Court CR. MISC. No.74023 of 2024(3) dt.18-12-2024 2/2 petitioner. However, the informant and her mother has not supported the case of the prosecution. The petitioner is a young boy aged about 22 years, is in custody since 14.05.2024 having no criminal antecedent. Petitioner undertakes to cooperate in the trial of the present case.

5. Learned counsel for the informant and learned APP for the State conceded the fact that the victim and her mother have not supported the prosecution case.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-VIcum-Special Judge (POCSO), Patna in connection with Special Case No. 119 of 2024, arising out of Phulwarisharif P.S. Case No. 678 of 2024.

(Sunil Dutta Mishra, J) khushbu/- U T