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Patna High CourtCR. MISC./73032/2023bail granted

Aman Singh @ Aman Kumar v. The State Of Bihar

2024-04-18Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73032 of 2023 Arising Out of PS. Case No.-529 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== AMAN SINGH @ AMAN KUMAR SON OF SUNIL KUMAR SINGH @ PAPPU SINGH RESIDENT OF VILLAGE - BASATPUR, P.S. - MUFASSIL, DISTRICT - EAST CHAMPARAN, MOTIHARI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-04-2024 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for offence under Sections 341, 323, 354(A), 504, 506, 34 of the Indian Penal Code and Section 8 of the POCSO Act.

3. As per F.I.R., this petitioner alongwith other four co-accused persons are alleged to have misbehaved with sister of the informant while she was returning from attending the coaching class.

4. It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case due to land dispute, which is going on since long. During course of investigation, it has come that sister of informant was not ready to give her statement under Section 164 Cr.P.C. and for medical

Patna High Court CR. MISC. No.73032 of 2023(4) dt.18-04-2024 2/2 examination. In the statement, recorded under Section 164 Cr.P.C., the victim has not alleged any sexual assault against this petitioner. As a matter of fact, petitioner is residing at Varanasi for his higher studies. Petitioner claims clean antecedent.

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

6. Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 6th Addl. Sessions Judge-cum-Special Judge, POCSO, East Champaran at Motihari in connection with Mufassil P.S. Case No. 529 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T