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2025 DAILYLAW 83775 (PAT)

Abhishek Kumar v. The State of Bihar

CR. MISC./82506/2024 · 2025-03-18

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.82506 of 2024 Arising Out of PS. Case No.-42 Year-2024 Thana- Mathurapur District- Samastipur ====================================================== Abhishek Kumar Son of Raj Kumar Sah Resident of Village- Chakdindayal, PS- Mathurapur District -Samastipur ... ... Petitioner/s Versus 1 . The State of Bihar 2. Jiya Kumari D/o Vijay Kumar Resident of village- Chakdindayal, Near Per Asthan, P.s- Mathurapur, Distt.- Samastipur ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bijay Bhushan Prasad , Advocate For the Opposite Party/s : Mr. Binay Krishna, APP For OP 2 : Mr. Ashok Kumar , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 18-03-2025 Heard learned counsel for the parties. 2. The petitioner apprehends arrest in a case registered for the offence punishable under section 341 , 323 , 3254 ( B ), 504 and 376 of the Indian Penal Code and section 3 (1) ( r ) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities ) Act and 4 of the POCSO Act. 3 . At the outset, learned counsel for the petitioner submits that both parties have resolved and settled their dispute and in this regard on 19.10.2024 a compromise petition was filed in the Court below along with joint signature of the accused and complainant which is Annexure P /3 to the bail petition . 4. Learned counsel for opposite party no.2 does not Patna High Court CR. MISC. No.82506 of 2024(4) dt.18-03-2025 2/2 controvert the submission of the learned counsel for the petitioner. 5 . Considering the submission made on behalf of petitioner, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within eight weeks from today, let the petitioner, mentioned 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 Sessions Judge – VI – cum – Special Judge (POCSO) Samastipur in Mathurapur P S Case No. 42 of 2024 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure . Koushik/- (Prabhat Kumar Singh, J) U T