Ankit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3637 of 2024 Arising Out of PS. Case No.-939 Year-2023 Thana- SHASTRINAGAR District- Patna ====================================================== ANKIT KUMAR SON OF SHANKAR LAL DAS RESIDENT OF MOHALLA- RUPASPUR, POLICE STATION- RUPASPUR, DISTRICPATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Mishra For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 376/34 of the Indian Penal Code and Section 4/6 of the POCSO Act.

3. As per prosecution case, it is alleged that while the daughter of the informant, aged about 12 years was going outside of her house, in the meantime, the petitioner along with co-accused Sahil Kumar took her away by motorcycle and confined in a room. Thereafter, co-accused Sahil Kumar committed rape with the victim.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.3637 of 2024(3) dt.21-03-2024 2/2 falsely been implicated in this case. From perusal of statement of victim recorded under section 164 of the Cr.P.C., the victim stated that co-accused Sahil Kumar committed rape with her in a hotel. The victim did not whisper any complicity of this petitioner in respect of misbehave or physical assault. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 3.10.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Shastri Nagar P.S. Case No. 939 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-Cum-Special Judge, POCSO, Patna.

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