Monu Kumar @ Monu Kumar Srivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23187 of 2019 Arising Out of PS. Case No.-569 Year-2018 Thana- GAYA KOTWALI District- Gaya ====================================================== MONU KUMAR @ MONU KUMAR SRIVASTAVA Son of Sri Anil Prasad Srivastava, Resident of Mohalla- New Godown Jhilganj Thakur Bari Gali, P.S.- Kotwali, District- Gaya.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Kumar For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 363, 365 of the Indian Penal Code. Later on Section 376 IPC and section 4 of POCSO Act was added.

The prosecution case in short is that the accused persons forcibly kidnapped the minor daughter of the informant. It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.12.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been

Patna High Court CR. MISC. No.23187 of 2019(3) dt.03-05-2019 2/2 implicated in the present case. On recovery, the statement of the victim has been recorded under Section 164 Cr.P.C. in which she has not made any allegation of sexual or physical abuse against the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that 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 learned A.D.J.-1st-cum- Special Judge, POCSO Act, Gaya in connection with POCSO Case No. 10/2019 arising out of Kotwali P.S. Case No. 569/2018.

(Sudhir Singh, J) Pankaj/- U T