Ujeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4369 of 2024 Arising Out of PS. Case No.-380 Year-2023 Thana- RANIGANJ District- Araria ====================================================== UJEET KUMAR S/O LATE RAMU MANDAL R/O VILLAGEHIRANAGAR, WARD NO. 09, P.S- RANIGANJ, DISTT.- ARARIA. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kishore Bharti For the Opposite Party/s :
Mr.Binod Kumar ====================================================== 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 section 365, 376, and 34 of the Indian Penal Code and Section 04 of the POCSO Act.
3. As per FIR, the informant alleged that she was forcibly abducted by accused persons and was committed rape upon her.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case merely on the basis of suspicion. As per Para-12 of the bail petition and the statement of victim which was recorded
Patna High Court CR. MISC. No.4369 of 2024(3) dt.21-03-2024 2/2 under Section 164 of the Cr.P.C., and the same is annexed with Case Diary, wherein she has specifically stated that co-accused, namely, Sujeet committed rape upon her but she has not stated about any complicity of this petitioner in this alleged occurrence. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 01.10.2023.
5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Special POCSO Case No. 81 of 2023 arising out of Raniganj P.S. Case No. 380 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 District and Sessions Judge-VI-cum Special Judge POCSO Act, Araria.
(Sunil Kumar Panwar, J) Subham/- U T