Gaffar Gaddi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5594 of 2020 Arising Out of PS. Case No.-37 Year-2017 Thana- BAIRIYA District- West Champaran ====================================================== Gaffar Gaddi S/o Sobrati Gaddi R/o village- Sareya, P.S.- Bairiya, DistrictWest Champaran ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sanjay Kumar No 7, Advocate For the Opposite Party :

Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks pre-arrest bail in connection with Bairiya P. S. Case No.37 of 2017 registered under Section 354B of the Indian Penal Code and Section 12 of the Protection of Children from Sexual Offences Act, 2012.

Considering the statement of the victim recorded under Section 164 of the Code of Criminal Procedure wherein she has not made any complaint against the petitioner, and the final report submitted by the police on completion of investigation showing lack of evidence differing with which the learned Magistrate took cognizance of the offence, in the event of arrest or surrender before the court below, the petitioner is directed to be released on bail on furnishing bail bond of

Patna High Court CR. MISC. No.5594 of 2020(2) dt.28-02-2020 2/2 Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional District and Session Judge-cum-Special Judge (SC/ST/POCSO), Bettiah, West Champaran in Bairiya P. S. Case No.37 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) kanchan/- U T