Patna High CourtCR. MISC./62339/2018bail granted

Deepak Kumar v. The State Of Bihar

2018-10-06Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62339 of 2018 Arising Out of PS. Case No.-30 Year-2017 Thana- TELHARA District- Nalanda ====================================================== Deepak Kumar, Son of Upendra Prasad, of Village-Gonai Bigha, P.s.-Telhara, District-Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Prasad Singh For the Opposite Party/s :

Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Telhara P.S. Case No. 30 of 2018, registered under Section 354(B) of the Indian Penal Code and Section 8 of the POCSO Act. The accusation is that on 12.03.2017, informant had gone to the market and her daughter was alone at her house. At that time, petitioner entered in her house and tried to commit rape upon the minor daughter of the informant then minor daughter of the informant raised alarm and petitioner fled away. Thereafter, Panchayati was arranged to pacify the matter, but this petitioner left his house.

Learned counsel for the petitioner submits that the occurrence is said to be committed on 12.03.2017, but the

Patna High Court Cr.Misc. No.62339 of 2018(2) dt.06-10-2018 2/2 fardbeyan has been lodged by the informant on 22.03.2017 after 10 days of the occurrence. Further submission is that the petitioner, who is covillager of the informant has falsely been implicated in this case due to dirty village politics. The petitioner has no criminal antecedent is in custody since 19.07.2018.

Having regard to the facts and the circumstances of the case and quantity of the Ganja, which is said to be recovered from the possession of the petitioner, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Addl. Session JudgeI, Nalanda at Bihar Sharif in connection with Telhara P.S. Case No. 30 of 2017.

(Rajendra Kumar Mishra, J) manish/- U T