Keshav Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55685 of 2017 Arising Out of PS.Case No. -51 Year- 2017 Thana -BAKHTIARPUR District- SAHARSA ======================================================

1. Keshav Sharma S/o Shravan Sharma, R/o Sharma Tola, Nagar Panchayat Simri Bakhtiyarpur, P.S.- Bakhtiyarpur, District- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amarnath Jha For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 27-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with POCSO Case No. 22/2017, arising out of Bakhtiyarpur P.S. Case No. 51/2017 for offences punishable under Sections 494, 498, 366-A, 376, 120B of the Indian Penal Code and Section 4 of the POCSO Act. The prosecution case, as lodged by the informant, is that his daughter had gone to take the final exam of higher secondary but did not return. It is alleged that the co-accused persons including the petitioner enticed his daughter. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and no

Patna High Court Cr.Misc. No.55685 of 2017 (2) dt.27-11-2017 2/2 overt act has been alleged either by the informant or by the victim lady under Section 164 Cr.P.C. He submits that the allegation is upon co-accused Brahmdeo Sharma, there is no allegation of any physical or sexual abuse against the petitioner and he is languishing in custody since 03.09.2017.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on completion of five months in custody on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Ist Addl. Sessions Judge cum Special Judge, Saharsa, in connection with POCSO Case No. 22/2017, arising out of Bakhtiyarpur P.S. Case No. 51/2017, subject to the condition that both the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating their relationship with the petitioner.

(Nilu Agrawal, J) Rajesh/- U T