High CourtsSingle Bench(2023) 08 PAT CK 0076

Nitish Kumar vs State Of Bihar

Patna High Court · Decided on 29 August 2023

HON’BLE JUDGES
Arvind Srivastava, J
RESULT
Disposed Of
CASE NUMBER
Criminal Appeal (SJ) No. 2878 Of 2023

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Judgment

6 paragraphs · 209 words
1.

Heard the parties.

2.

This is an appeal under Section 101(5) of the Juvenile Justice (Care and Protection of Children) Act, 2015 against refusal of the prayer for bail to the appellant by order dated 22.02.2023 passed by the Additional District and Sessions Judge-VI (POCSO Act), Gaya in connection with Mahila P.S. Case No. 68 of 2022.

3.

Submission of learned counsel for the appellant is that both the parties have compromised the present case, as contained in Annexure-2 to the supplementary affidavit. Further submission is that the appellant has been languishing in remand home since 30.07.2022.

4.

The report of the probation officer mentions that there is love affair between the victim girl and the appellant. The appellant admitted himself that he made physical relation with the consent of victim.

5.

Having considered the submissions advanced on behalf of the parties and the materials available on record, this Court is inclined to grant the privilege of bail to the appellant. Accordingly, the appellant, above named, be enlarged on bail on execution of surety bond by the mami/aunty of the appellant giving undertaking that she will keep proper care and upkeep of the appellant and will fully co-operate in the pending enquiry/trial.

6.

The appeal stands disposed of.