Rishu Kumar @ Amrit Varsam vs The State Of Bihar on 15 May, 2023

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Patna High Court - Orders

Rishu Kumar @ Amrit Varsam vs The State Of Bihar on 15 May, 2023

Bench: Arun Kumar Jha

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18165 of 2023
                         Arising Out of PS. Case No.-200 Year-2022 Thana- BYPASS District- Patna
                 ======================================================
                 Rishu Kumar @ Amrit Varsam S/O- Late Deepak Kumar Mohalla- Jangli
                 Prasad Lane Ps- Chowk Dist- Patna at present- Diwan Muhalla hamam
                 Chauraha Near hanuman temple Patna city Ps- Bypass Dist- Patna

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rudra Deo, Advocate
                 For the Opposite Party/s :        Mrs. Nirmala Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   15-05-2023

Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Special Case No. (POCSO) 112 of 2022 arising out of Bypass P.S. Case No. 200 of 2022 registered on 20.05.2022 for the alleged offences under Sections 354, 354(A), 341, 323, 504 of the Indian Penal Code and 8/12 of POCSO Act.

3. As per prosecution case, petitioner eve teased the informant and when she resisted, he sexually assaulted her by grabbing her breast.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner is suffering from some mental disorder and has been undergoing treatment at RINPAS, Ranchi. Charges have Patna High Court CR. MISC. No.18165 of 2023(2) dt.15-05-2023 2/3 been framed against the petitioner, but none of the prosecution witnesses has been examined and there is no likelihood of conclusion of trial in the near future. Learned counsel further submits that a comprise has been arrived at between the parties and a joint compromise petition has been filed before the learned trial court. The petitioner is in custody since 21.05.2022 and charge-sheet has been submitted. The petitioner has got clean antecedent.

5. Learned APP opposes the prayer for bail.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the nature of allegation levelled against the petitioner and further considering his period of custody and the submission of charge- sheet against him, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII-cum- Exclusive Special Court (POCSO) Act, Patna/court concerned in connection with Special Case No. (POCSO) 112 of 2022 arising out of Bypass P.S. Case No. 200 of 2022, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:

Patna High Court CR. MISC. No.18165 of 2023(2) dt.15-05-2023 3/3

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three 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.

(Arun Kumar Jha, J) himanshu/-

U      T

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Patna High Court - Orders