Avi Akash Kumar vs The State Of Bihar on 13 December, 2023

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Patna High Court - Orders

Avi Akash Kumar vs The State Of Bihar on 13 December, 2023

Bench: Prabhat Kumar Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.48300 of 2023
                         Arising Out of PS. Case No.-182 Year-2020 Thana- BIHTA District- Patna
                 ======================================================
                 AVI AKASH KUMAR S/o- SANJAY KUMAR SINGH village- Shivnar Ps-
                 Mokama Dist- Patna

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar , Advocate
                 For the Opposite Party/s :       Mr. Manoj Kumar , APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   13-12-2023

Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 354C , 500, 501 and 509 of the Indian Penal Code and Section 66(D) of the I.T. Act and Sections 11 and 12 of POCSO Act.

3. Prosecution case, in brief, is that the informant on 01.03.2020 came to know that someone is using the name of his daughter and running fake account and posting vulgar messages on it.

4. It is submitted on behalf of the petitioner that FIR has been lodged against unknown persons and the name of the petitioner transpired during the course of investigation . He further submits that it was co-accused Banti Kumar, cousin of Patna High Court CR. MISC. No.48300 of 2023(3) dt.13-12-2023 2/2 the petitioner who was apprehended on the spot and disclosed the name of the petitioner. He next submits that statement of the victim girl has been recorded in paragraph No. 7 of the Case diary wherein she does not allege anything against the petitioner. Petitioner claims clean antecedent.

5. Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, 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 the learned Additional District and Sessions Judge,VII-cum- Exclusive Special Court (POCSO Act), Patna in connection with Bihta P.S. case No. 182 of 2020 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Koushik/-

U      T

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Patna High Court - Orders