Satish Kumar Vs The State of Bihar

The petitioner seeks bail in a case registered for the offences under Sections 341, 448, 354(B) of the Indian Penal Code and Section 8 of the POCSO Act.

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As per the prosecution case, the informant being the mother of one Sweety Kumari has alleged that the petitioner had been gesturing her daughter with indecent signs and had even molested her.

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Learned counsel for the petitioner submits that the

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petitioner has falsely been implicated in this case on account of a retaliation to the Informatory Petition dated 26.05.2024 wherein the petitioner had lodged the complaint against the victim/daughter of the informant stating therein that she had stolen the mobile phone of the petitioner. Learned counsel further submits that the petitioner has a good reputation in the society and apart from his studies, he is also doing a part time job and it has been stated by the co-villagers who had given a representation to the Police stating therein that the petitioner has falsely been implicated in this case. It has also been stated that during the course of investigation, it has come that the petitioner has a good reputation in the society and he was falsely been implicated. It has lastly been submitted that the petitioner has no criminal antecedent and is in custody since 06.07.2024.

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Learned APP for the State as well as learned counsel for the informant have jointly opposed the prayer for bail of the petitioner and has stated that there is specific allegation against the petitioner to have molested the daughter of the informant.

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Considering the aforesaid facts and circumstances and taking into account the evidence collected during the investigation and also the period of custody, the petitioner,

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above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount, each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Khushrupur P.S Case No.269 of 2024, subject to the conditions :-

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(i) one of the bailors shall be the close relative of the petitioner

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(ii) the petitioner shall remain physically present in the Court on each date of trial.

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(iii) the petitioner shall not approach the informant or any of the family members or the victim girl to either coerce or threaten during the pendency of the trial.

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(iv) in case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.

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(v) the learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his/her criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of above mentioned order shall not be delayed for purpose of or in

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the name of verification.

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