Sintu Kumar Singh @ Sudhanshu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83053 of 2023 Arising Out of PS. Case No.-246 Year-2019 Thana- KAHALGAON District- Bhagalpur ====================================================== Sintu Kumar Singh @ Sudhanshu Kumar Son Of Late Shyamanand Singh Resident Of Village- Lalapur, P.S.- Choutham District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Sweta For the Opposite Party/s :
Mr.Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Kahalgaon P.S. Case No. 246 of 2019 instituted for the offence under Section 366/34, 376(A)/34 of the Indian Penal Code and Section 8 of POCSO Act.
3. It is a case of misuse of the privilege of bail by the petitioner. The present case was registered in year of 2019 thereafter, the petitioner was enlarged on anticipatory bail on 08.08.2019 but due to his non-appearance in trial, his bail bond was cancelled by concerned court and thereafter he surrendered before the lower court on 6.10.2023 and since then, he is languishing in judicial custody.
4. It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.83053 of 2023(3) dt.01-02-2024 2/2 that the petitioner has not misused the privilege of bail deliberately, but the pairvikar left making pairvi of this petitioner and due to which his bail bond was cancelled. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 6.10.2023.
5. 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 Excl. Spl. Judge (POCSO)-cum-VII Additional District & Session Judge, Bhagalpur in connection with Spl. POCSO Case No. 169 of 2019 arising of Kahalgaon P.S. Case No. 246 of 2019. (Sunil Kumar Panwar, J) Nirajkrs/- U T