Patna High CourtCR. MISC./26950/2019bail granted

Munna Tiwari v. The State Of Bihar

2019-04-26Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26950 of 2019 Arising Out of PS. Case No.-578 Year-2018 Thana- BRAHMPUR District- Buxar ====================================================== MUNNA TIWARI, Son of Dharmraj Tiwari @ Bhulan Tiwari Resident of Village - Barki Nainijore, P.S.- Nainijor, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashwini Kumar Rai, Advocate.

For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-04-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in POCSO Case No. 68 of 2018 arising out of Brahmpur P.S. Case No. 578 of 2018, instituted for the offence under Section(s) 363, 366A of the Indian Penal Code read with Section 8 of POCSO Act. Counsel for the petitioner submits that victim girl on recovery has given statement under Section 164 Cr. P.C. wherein she has stated that she had voluntarily gone with this petitioner to Ludhiyana and performed marriage with him in the temple. The statement of victim girl recorded under Section 164 Cr. P.C. has been enclosed as Annexure-2. Petitioner is in custody since 12.01.2019 having clean antecedent.

Patna High Court CR. MISC. No.26950 of 2019(2) dt.26-04-2019 2/2 Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional District & Sessions Judge-cum-Special Judge, Buxar, in connection with POCSO Case No. 68 of 2018 arising out of Brahmpur P.S. Case No. 578 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T