Golu Chaurasiya @ Vijay @ Vijay Chaurasiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35963 of 2018 Arising Out of PS. Case No.-28 Year-2018 Thana- PIPRASI District- West Champaran ====================================================== Golu Chaurasiya @ Vijay @ Vijay Chaurasiya, Son of Prabhu Chaurasiya, Resident of Village- Ghuswa Tola, P.S.- Piprasi, District- West Champaran, Bihar.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arjun Prasad, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 22-06-2018 Heard learned counsels for the petitioner and the State.

The petitioner, already in custody, seeks bail in connection with POCSO Case No. 13 of 2018/C.T.S. No. 13 of 2018, Piprasi P.S. Case No. 28 of 2018, registered under Sections 354, 456, 376 & 511 of the Indian Penal Code and Section 12 of Protection of Children from Sexual Offences Act, 2012.

Allegation in brief is that the informant's sister-in-law 14 years of age was alone in the night, the petitioner entered into the house and forcibly lifted her and brought her outside the house in nearby field. On alarm raised by the victim, she was traced by the informant's nephew but the petitioner escaped

Patna High Court Cr.Misc. No.35963 of 2018(2) dt.22-06-2018 2/2 away.

Learned counsel for the petitioner submits that both sides are neighbour and due to dispute of passage, the petitioner has falsely been implicated in this case. It is alleged that the girl protested and raised alarm in her house but no one turned up there indicating falsity of the case. Moreover, the case was instituted after delay of a week without giving any cogent reason. The petitioner is a man of clean antecedent and he is in custody since 27.04.2018.

Having considered the aforesaid facts and circumstances, let the petitioner, namely Golu Chaurasiya @ Vijay @ Vijay Chaurasiya, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional District Judge 1st - Cum - Special Judge (POCSO Act), Bagaha, West Champaran, in connection with POCSO Case No. 13 of 2018 arising out of Piprasi P.S. Case No. 28 of 2018. (Arun Kumar, J) khushbu/- U T