Niraj Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.1132 of 2016 (3) dt.19-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1132 of 2016 Arising Out of PS.Case No. -115 Year- 2015 Thana -NAWAKOTHI District- BEGUSARAI ====================================================== Niraj Kumar, Son of Asharfi Yadav, Resident of Village - Naokothi, P.S. - Naokothi, District - Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate. For the Opposite Party/s : Mr. Iftekhar Mahmood (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with POCSO Case No. 54 of 2015 arising out of Naokothi P.S. Case No. 115 of 2015 registered under Sections 342, 323, 354(A) and 506 of the Indian Penal Code and Section 8 of the POCSO Act. The accusation against the petitioner is of keeping the informant in lonely room and began to outrage her modesty. On raising alarm, Heera Devi, mother of the informant, rushed there then petitioner opened the door and the informed came out. Learned counsel for the petitioner submits that petitioner and the informant are co-villagers and due to dirty village politics petitioner has falsely been implicated in this case.

Patna High Court Cr.Misc. No.1132 of 2016 (3) dt.19-02-2016 Moreover, petitioner has no criminal antecedent and is in custody since 08.10.2015. .

Having regard to the facts and the circumstances of the case, 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 IIIrd Additional Sessions Judge-cum-Special Judge, Begusarai in connection with POCSO Case No. 54 of 2015 arising out of Naokothi P.S. Case No. 115 of 2015. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T