Patna High CourtCR. MISC./16953/2022bail granted

Niranjan Kewat @ Niranjan Kewal v. The State Of Bihar

2022-07-18Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16953 of 2022 Arising Out of PS. Case No.-65 Year-2020 Thana- BAGHA District- West Champaran ====================================================== NIRANJAN KEWAT @ NIRANJAN KEWAL S/o Shambhu Kewat @ Patru Kewat @ Shambhu Kewal @ Shambhoo Mahto Resident of Village - Deurwa, P.S. - Bhairoganj, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr.Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-07-2022 Heard learned counsel for the parties.

Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with Bagaha (Bhairoganj) P.S. Case No.65/2020 instituted under Section 354A,341,323,504/34 of the Indian Penal Code, Section 12, POCSO Act & 3(1)(r)(s),SC/ST (POA) Act.

The allegation against the petitioner is that he along with his other associates had asked for the mobile number of the girl 'X' in question. Further allegation is that when the informant tried to complain the other accused threatened him and took his caste name.

Learned counsel for the petitioner submits that petitioner has suffered a lot by being in jail for the alleged act.

Patna High Court CR. MISC. No.16953 of 2022(2) dt.18-07-2022 2/3 As per para-10, the petitioner is in custody since 11.08.2021. Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Bagaha (Bhairoganj) P.S. Case No.65/2020 to the satisfaction of learned 7th Additional District & Sessions Judge-cum-Special Judge, (POCSO), Bettiah, West Champaran, subject to following conditions:

(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reasons will entail cancellation of his bail by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every month for next six months to mark his presence;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

Patna High Court CR. MISC. No.16953 of 2022(2) dt.18-07-2022 3/3 With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Prakash Narayan /- U T