Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6068 of 2023 Arising Out of PS. Case No.-364 Year-2022 Thana- ARWAL District- Jehanabad ====================================================== VIJAY KUMAR SON OF LATE KAMLESH RAM R/O VILLAGE- TIWARI BIGHA, P.S.- ARWAL, DISTRICT- ARWAL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sumit Kumar For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 363, 366(A) and 34 of the Indian Penal Code and Section 8 of the POCSO Act. The allegation against the petitioner along with others is of kidnapping the niece of the informant, when she went to coaching.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The victim girl has recovered and her statement recorded u/s 164 of the Cr.P.C., in which she does not whisper about the complicity of this petitioner rather she specifically stated that co-accused Chandan Kumar after

Patna High Court CR. MISC. No.6068 of 2023(3) dt.18-05-2023 2/2 undressed raped upon her. He is languishing in judicial custody since 16.08.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.D.JVI-cum- Special Judge (POCSO), Jehanabad in connection with Arwal P.S. Case No. 364 of 2022.

(Sunil Kumar Panwar, J) arish/- U T