Rohit Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12216 of 2020 Arising Out of PS. Case No.-189 Year-2019 Thana- DHURAIYA District- Banka ====================================================== ROHIT THAKUR Son of Nageshwar Thakur Resident of Village - Uchchdiha, P.S. - Dhoraiya, District - Banka. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-02-2020 Heard learned counsels for the petitioner and the State.

Petitioner seeks bail in a case registered under sections 366A, 354B/34 of the Indian Penal Code and Section 8 of the POCSO Act.

Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case merely on basis of suspicion. From perusal of the statement (Annexure-2) of the victim girl made under section 164 Cr.P.C, it is evident that there is no allegation of sexual assault. Moreover, the victim refused to undergo medical examination which creates doubt on the prosecution case. Petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.12216 of 2020(2) dt.28-02-2020 2/2 Petitioner is in custody since 07.10.2019.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge I-cum-Sessions Judge, POCSO, Banka in connection with Dhoraiya P.S. Case No. 189 of 2019.

(Arvind Srivastava, J) mcv/- U T