Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40593 of 2018 Arising Out of PS. Case No.-186 Year-2017 Thana- PALIGANJ District- Patna ====================================================== Rakesh Kumar S/o Sri Sudarshan Paswan, R/v Fatehpur, P.S.- Paliganj, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar Sinha For the Opposite Party/s :

Mr. Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-07-2018 Heard learned counsels for the petitioner and the State.

Petitioner seeks bail in connection with Special (POCSO) Case No. 126 of 2017 arising out of Paliganj P.S. Case No. 186 of 2017 registered for the offence punishable under sections 447, 341, 323, 324, 506/34 of the Indian Penal Code and sections 8/12 of the POCSO Act.

Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case. Petitioner was neither arrested on the spot nor anything incriminating has been recovered from his possession. From perusal of the allegations levelled in the first information report, no offence under the POCSO Act is made out and other sections of the Penal Code are bailable in nature. Petitioner is in custody

Patna High Court Cr.Misc. No.40593 of 2018(2) dt.18-07-2018 2/2 since 12.04.2018.

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-Special Judge, POCSO, Patna in connection with Special (POCSO) Case No. 126 of 2017 arising out of Paliganj P.S. Case No. 186 of 2017.

(Arvind Srivastava, J) mcv/- U T