Allowed

Arvind Kumar v. The State Of Bihar

Patna HC10 Aug 2016CR. MISC./28925/2016

Case brief

AI extract

What is this about?

In a bail application under Cr. Misc. No. 28925 of 2016, the Patna High Court directed the release of the petitioner on bail in connection with an Ahiyapur P.S. Case No. 672 of 2015 arising from a POCSO investigation, considering that the victim's father turned hostile and the informant's statement suggested no involvement of the petitioner.

What did the court decide?

Release of the petitioner on bail with a bond of Rs. 10,000 and two sureties of Rs. 10,000 each, subject to conditions regarding presence in court and no consecutive defaults.

Arvind Kumar Vs The State Of Bihar — Child Sexual Offences (POCSO) | Patna HC (2016)

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Patna High Court Cr.Misc. No.28925 of 2016 (3) dt.10-08-2016

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.28925 of 2016

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Arising Out of PS.Case No. -672 Year- 2015 Thana -AHIAPUR District- MUZAFFARPUR

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====================================================== 1. Arvind Kumar Son of Arun Sahni R/o Village-Vijay Chapra, P/S- Ahiyapur, District Muzaffarpur. .... .... Petitioner Versus 1. The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Ram Naresh Roy(App) ======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER
3 10-08-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

======================================================
1. Arvind Kumar Son of Arun Sahni R/o Village-Vijay Chapra, P/S-
Ahiyapur, District Muzaffarpur.
.... .... Petitioner
Versus
1. The State of Bihar
.... .... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok
For the Opposite Party/s : Mr. Ram Naresh Roy(App)
======================================================

CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN
SHARMA
ORAL ORDER

3
10-08-2016
Heard learned counsel for the petitioner and learned
counsel representing the State.

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The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 03.02.2016 passed in Cr. Misc. No. 49458 of 2015, on the ground that the informant Parwati Kumari and her father Mahesh Sahni both have already been examined during trial. PW 3 is the father of the informant/victim and he has turned hostile. PW 4 is the informant herself. During examination-in-chief she has supported the occurrence but she has stated that the petitioner Arvind Kumar was not involved in the occurrence which is apparent from the impugned order dated 16.04.2016 passed by learned Special Judge, POCSO, Muzaffarpur.

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In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on

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Patna High Court Cr.Misc. No.28925 of 2016 (3) dt.10-08-2016

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execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, POCSO, Muzaffarpur in connection with Ahiyapur P.S. Case No. 672 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

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(Jitendra Mohan Sharma, J)

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avin/-

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U T

Arvind Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Arvind Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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