Aditya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2579 of 2023 Arising Out of PS. Case No.-402 Year-2022 Thana- BEUR District- Patna ====================================================== ADITYA KUMAR S/o Rambabu Tanti @ Ram Babu Ravidas R/o VillageChilbilli , Post- Nuisarpur, P.S.- Beur, Distt- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 07-04-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Special Case No. 104 of 2022 arising out of Beur P.S. Case No. 402 of 2022, registered for the offences punishable under Sections 354, 354(A), 354(B), 354(C), 354(D), 509 of IPC and 8/12 of POCSO Act.

As per allegation, the petitioner entered into the house of the informant, who is a minor girl of 14 years of age and in absence of her parents, he committed immoral acts with her. The learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Both the parties are next door neighbourer and the relation between

Patna High Court CR. MISC. No.2579 of 2023(2) dt.07-04-2023 2/3 them is cordial. The petitioner is a person of clean antecedent and under custody since 13.10.2022.

Considering the clean antecedents as well as the period of detention, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-VI-cum-Special Judge POCSO, Patna in connection with Special Case No. 104 of 2022 arising out of Beur P.S. Case No. 402 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available on each and every date of trial. In case of failure on two consecutive dates without any valid reason, the learned court below will be at liberty to cancel the bail bond of the petitioner.

(i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application

Patna High Court CR. MISC. No.2579 of 2023(2) dt.07-04-2023 3/3 before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Kundan/Nirmal U T