Monu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5198 of 2019 Arising Out of PS. Case No.-232 Year-2018 Thana- KOTWALI District- Patna ====================================================== Monu Kumar Sri Ram Lal Chaudhary @ Ram Nath Chaudhary R/O Faisad Ka Maidan, Back of Chhpkha Mandir, P.S.- Chowk ... ... Petitioner/s

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Special (POCSO) Case No. 63 of 2018 arising out of Kotwali P.S. Case No. 232 of 2018, C.I.S. No. 63 of 2018 registered for the offence punishable under Sections 376(D) of the Indian Penal Code and Section 6/7 of the POCSO Act. Allegation against petitioner is of committing rape upon the informant.

It has been submitted on behalf of the petitioner that petitioner is innocent and has been falsely implicated in this case. It has been further submitted that no such occurrence was committed with the informant and whole story is false and concocted. Petitioner was not apprehended on the spot and

Patna High Court Cr.Misc. No.5198 of 2019(3) dt.21-02-2019 2/3 similarly placed co-accused, namely Suraj Kumar @ Baua has been granted bail by this Hon'ble Court as contained in Annexure-4. Petitioner is in custody since 18.04.2018 having no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (POCSO) cum A.D.J.-I, Patna, in connection with Special (POCSO) Case No. 63 of 2018 arising out of Kotwali P.S. Case No. 232 of 2018, C.I.S. No. 63 of 2018subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the

Patna High Court Cr.Misc. No.5198 of 2019(3) dt.21-02-2019 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T