Rohit Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.63644 of 2018 (2) dt.29-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63644 of 2018 Arising Out of PS.Case No. -120 Year- 2018 Thana -MAHILA P.S. District- PATNA ====================================================== Rohit Kumar Son of Binod Kumar Gupta Resident of Village-Harnichak Colony Police Station Beur Distt.-Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anand Kishore Choudhary, Adv. For the Opposite Party/s : Mr. Rajendra Singh Shastriji, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-10-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Mahila P.S. Case No. 120/2018, registered for the offences punishable under Sections 354, 506, 509 and 34 of the Indian Penal Code and section 8 and 12 of the P.O.C.S.O. Act.

Informant/father of victim girl alleged that while her daughter has gone to the shop of petitioner for gift packing of Cadbury Toffee, his younger brother tried to outrage her modesty. Petitioner and his mother were outside the shop. When the informant along with his daughter complained about the said occurrence to the petitioner, he started abusing them and threatened them of dire consequence.

It has been submitted that petitioner has falsely been

Patna High Court Cr.Misc. No.63644 of 2018 (2) dt.29-10-2018 implicated in this case. Specific allegation is against younger brother of petitioner. He is a shop-keeper.

Petitioner has no criminal antecedent. He is in custody since 27.08.2018.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, P.O.C.S.O.-cumAdditional District & Sessions Judge Ist, Patna in connection with Mahila P.S. Case No. 120/2018, subject to the conditions: (1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T