Sahil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70788 of 2022 Arising Out of PS. Case No.-450 Year-2022 Thana- DIGHA District- Patna ====================================================== Sahil Kumar Son of Sri Vikash Anand Resident of Mohalla- Murtujiganj, Patna City, P.S.- Mehndiganj, District- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrit Abhijat, Advocate For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 16-03-2023 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Special Case No. 90 of 2022, arising out of Digha P.S. Case No. 450 of 2022 registered for the offences punishable under Sections 447, 354, 354(B), 509 of the Indian Penal Code and Section 8 of POCSO Act.

As per the prosecution, the informant's minor daughter aged about 14 years was being teased and harassed by this petitioner for last six months.

The main submissions advanced by the learned counsel for the petitioner are that the petitioner is a young boy and the maximum punishment for the offence punishable under Section 8 of POCSO Act is 5 years, the petitioner has been

Patna High Court CR. MISC. No.70788 of 2022(2) dt.16-03-2023 2/2 languishing in jail since 11.07.2022 having fair and clean antecedent and against him the investigation has been completed and the allegation made in the FIR is totally false, in fact the petitioner has friendship with the daughter of the informant and the allegation in the FIR was levelled by the father of the victim and not by the so-called victim herself.

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

In view of the facts as stated above, in the opinion of this court, the petitioner deserves to a lenient approach of this court. Accordingly, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Special Case No. 90 of 2022, arising out of Digha P.S. Case No. 450 of 2022. Further on this condition that both the bailors will be parents of the petitioner.

(Shailendra Singh, J) Rajiv/- U T