Chintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7534 of 2020 Arising Out of PS. Case No.-115 Year-2019 Thana- BEN P.S. District- Nalanda ====================================================== Chintu Kumar S/o Babu Chanda Tanti Resident of Village- Mahmmadpur, P.S.- Ben, Distt- Nalanda.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Bishwa Bijay Kumar, Advocate For the Opposite Party/s :

Mr.Anil Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-03-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking anticipatory bail in connection with Ben P.S. Case No. 115 of 2019 registered for the offences punishable under Sections 366(A)/34 of the Indian Penal Code and 8/12 POCSO Act.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner is distantly related with Deepak Kumar with whom the daughter of the informant has solemnized the marriage.

Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances of this case,

Patna High Court CR. MISC. No.7534 of 2020(2) dt.03-03-2020 2/3 wherein it is the submission of learned counsel for the petitioner that the daughter of the informant has solemnized marriage with Deepak Kumar the co-accused and has submitted an information in this regard in the court of learned Chief Judicial Magistrate, Biharsharif at Nalanda and that in course of her medical examination she was also found pregnant, this petitioner being a resident of another village and distantly related to said Deepak Kumar has been falsely implicated in this case, let the petitioner above named in the event of his arrest or surrender within a period of four weeks from today be enlarged on bail on furnishing bail bonds of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M.

, Biharsharif, Nalanda in connection with Ben P.S. Case No. 115 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. i.e.

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police

Patna High Court CR. MISC. No.7534 of 2020(2) dt.03-03-2020 3/3 officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) vats/- U T