Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23050 of 2018 Arising Out of PS.Case No. -142 Year- 2017 Thana -NAWADA District- NAWADA ======================================================

1. Manish Kumar S/o Hareram Singh resident of village Purnadih, P.S. Nawada, District Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ray Saurabh Nath : Mr. Alok Anand For the Opposite Party/s : Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-06-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Nawada PS case no. 142 of 2017 instituted for the offences punishable under Sections 366A/34, 318, 120B of Indian Penal Code and 8 of POCSO Act.

The allegation is regarding the petitioner having abducted the victim girl.

The learned counsel for the petitioner, referring to the statement of the victim girl made under Section 164 Cr.P.C., has submitted that the petitioner had taken her away to Surat where they had been staying for more than 20 days and apart from touching her body, the petitioner has not entered into any

Patna High Court Cr.Misc. No.23050 of 2018 (5) dt.29-06-2018 2/2 adventurism. Thus, the contention of the learned counsel is that the victim girl and the petitioner had ventured on voyeurism, as such there is no complicity of the petitioner in the allegation leveled against him and moreover, there is no allegation of having establishing any physical relation with the victim girl. The petitioner is said to be in custody since 07.12.2017 having clean antecedent.

Per contra, the learned counsel for the State has also placed reliance on the statement of the victim girl made under Section 164 Cr.P.C.

Having regard to the facts and circumstances of the case, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Nawada in connection with Nawada PS case no. 142 of 2017.

(Mohit Kumar Shah, J) rinkee/- U T