Narsingh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2680 of 2025 Arising Out of PS. Case No.-356 Year-2024 Thana- AMNAUR District- Saran ====================================================== 1.

Narsingh Kumar S/O Sudama Singh Resident of Village - Sukraulli, P.S. -Hata, District - Kushin Nagar, State -Uttar Pradesh 2.

Vijay Kumar Kushwaha Son of Sitaram Kushwaha @ Sita Ram Mahato Resident of Village - Amnaur , Aguan, P.S. - Amnaur, District - Saran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Harendra Singh, Present posted A.S.I. Amnaur- Police Station, P.S.- Amnaur, District- Saran at Chap Chapra, Bihar.

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

For the Petitioner/s :

Mr. Rajeev Kumar, Adv For the Informant :

Md. Anisur Rahman, Adv For the State :

Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 13-05-2025 Heard learned counsel for the petitioners and learned counsel for the informant as well as learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Amnaur P.S. Case No. 356 of 2024 registered for the offences punishable u/s 143(I), 145, 98/3(5) of the B.N.S., under Section 8 of the POCSO Act, under Section 75 and 79 of the J.J. Act and Section 3/4/2/6 of the I.P. Act and Section 16/17/18 of the Bonded Labour System (Abolition) Act.

3. As per the prosecution case, the allegation against the petitioners is that they run various orchestra and they forced

Patna High Court CR. MISC. No.2680 of 2025(4) dt.13-05-2025 2/3 the girls from Bengal and other place to work for them. It is further alleged that the police had recovered several girls from the orchestra owned by the petitioners and among the said recovered girls few were found to be minor.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. It is further submitted that during the course of the investigation the statements of victim girls have been recorded and almost all the victims had stated that they were not forced into working with the petitioners' orchestra and they also stated that they used to frequently come to the place for performing dance and they had never faced any sexual assault. It is lastly submitted that the petitioners have clean criminal antecedent and are in custody since 24.10.2024.

5. Learned APP for the state and learned counsel for the informant have vehemently opposed the prayer for bail and have stated that the petitioners have been exploiting the innocent minor victim girls and they are accused of serious offence committed under the POCSO Act.

6. Considering the aforesaid submissions of the parties and taking into account the fact that the statements of the victim girls which were recorded during the course of the

Patna High Court CR. MISC. No.2680 of 2025(4) dt.13-05-2025 3/3 investigation and also considering the period of custody, let the petitioners above-named, be enlarged on bail on furnishing bailbonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Amnaur P.S. Case No. 356 of 2024.

7. The Court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bonds of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

8. The application stands allowed.

(Sourendra Pandey, J) Jyoti/- U T