Ajeet Kumar Tiwary @ Ajeet Tiwary @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22761 of 2019 Arising Out of PS. Case No.-208 Year-2018 Thana- BAHADURPUR DistrictPatna ====================================================== Ajeet Kumar Tiwary @ Ajeet Tiwary @ Chhotu, male, aged about 22 years, Son of Kamlesh Tiwari @ Uday Tiwari Resident of Village- Biseni Kala, Police Station- Rajpur in the District of Rohtas ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sunil Kumar, Advocate.

For the Opposite Party:

Mr. Sufiyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 10-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 354(a), 354(b) of the Indian Penal Code and Section 8/12 POCSO Act registered in connection with Bahadurpur P.S. Case No. 208 of 2018.

3. It is submitted that the petitioner has been falsely implicated and in any event in the statement of the so-called victim subsequently recorded under Section 164 Cr. P.C., she has not named the petitioner rather she has stated that owing to some misunderstanding the case had been filed. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each

Patna High Court CR. MISC. No.22761 of 2019(2) dt.10-04-2019 2/2 to the satisfaction of learned Additional Sessions Judge-I-cumSpecial Judge, POCSO Act, Patna in connection with Bahadurpur P.S. Case No. 208 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T