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Patna High CourtCR. MISC./11333/2019bail granted

Nitish Kumar v. The State Of Bihar

2019-02-25Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11333 of 2019 Arising Out of PS. Case No.-246 Year-2018 Thana- BUXAR INDUSTRIAL District- Buxar * ====================================================== NITISH KUMAR S/o Murli Mallah @ Murli Prasad R/o Village- Arjunpur, P.S- Industrial Area, Distt.- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shakti Suman Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-02-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Industrial Area P.S. Case No. 246 of 2018, POCSO Case No. 63 of 2018 registered for the offence punishable under Sections 341, 323, 354(B)/34 of the Indian Penal Code and Section 12 of the POCSO Act, 2012.

The allegation is that when the informant was coming after giving examination, on the way the petitioner herein and other co-accused persons had tried to forcibly pull the informant, however, on account of alarm being raised by her, the accused persons had fled away.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It

Patna High Court CR. MISC. No.11333 of 2019(2) dt.25-02-2019 2/2 is submitted that the petitioner has a clean antecedent and is languishing in custody since 09.01.2019.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-1st-cum-Special Judge, Buxar in connection with Industrial Area P.S. Case No. 246 of 2018, POCSO Case No. 63 of 2018.

(Mohit Kumar Shah, J) S.Sb/- U T