Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14776 of 2020 Arising Out of PS. Case No.-438 Year-2019 Thana- LAKHISARAI District- Lakhisarai ====================================================== ROHIT KUMAR Son of Late Sanjay Ram Resident of Village - Choti Kabaiya, P.S.- Lakhisarai, Distt - Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 07.01.2020 in connection with Lakhisarai Kabaiya P.S. Case No. 438/2019 registered for the offences punishable under Sections 341/323/504/354(A)/34 of the Indian Penal Code and Section 8 of the POCSO Act.

As per the prosecution case, the petitioner attempted to molest the informant and it is further alleged that when the parents of the victim girl protested, they were also assaulted by the family members of this petitioner.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present and there is case and counter case between the parties. Charge-sheet has

Patna High Court CR. MISC. No.14776 of 2020(4) dt.18-01-2021 2/2 already been submitted in this case and petitioner is in custody since 07.01.2020 having clean antecedent.

In view of the aforementioned facts and circumstances, let the petitioners above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai, in connection with Lakhisarai Kabaiya P.S. Case No. 438 of 2019, subject to following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court on his absence on two consecutive dates without sufficient reason, his bail-bonds shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Saif/- U T