Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4594 of 2020 Arising Out of PS. Case No.-248 Year-2019 Thana- BARH District- Patna ====================================================== Sonu Kumar, Male, aged about 24 years, Son of Radhe Singh, Resident of Village - Sadikpur, P.S.- Barh, Dist.- Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Chandra,Adv.

For the Opposite Party/s :

Md. Matloob Rab,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 354B, and 34 of the Indian Penal Code and Section 8 of POCSO Act.

The prosecution case as per the written report of Chanda Devi submitted before the S.H.O., Barh, Police Station is to the effect that on 01.06.2019 at about 02:00 P.M., coaccused Monu Kumar was taking her minor daughter into a Maize field with bad intention. On alarm being raised, when the informant came to rescue, the petitioner Sonu Kumar assaulted her with fist and got released his brother, co-accused Monu Kumar.

It is submitted by learned counsel for the petitioner that the petitioner has maliciously been framed in the present

Patna High Court CR. MISC. No.4594 of 2020(2) dt.29-02-2020 2/2 case in fact even assuming the accusation to be true no case under Section 354B of the I.P.C. and Section 8 of the POCSO Act, is made out against the petitioner. A statement has been made in paragraph 3 of the petition that petitioner is having no criminal antecedent.

Considering the nature of accusation levelled against the petitioner and the statement being in paragraph 3 of the petition that petitioner is having no criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, POCSO Patna, in connection with Barh P.S. Case No. 248 of 2019, subject to the conditions as laid down under Section 438

(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Rahul/Gautam U T