Bablu Kumar @ Bablu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31057 of 2019 Arising Out of PS. Case No.-107 Year-2018 Thana- HASPURA District- Aurangabad ====================================================== BABLU KUMAR @ BABLU Son of Santosh Mahto Resident of Village - Itwan, P.S.- Haspura, District- Aurangabad..................... ... Petitioner/s
Versus
The State of Bihar........................................ ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kumar For the Opposite Party/s :
Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 09-05-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehend his arrest in connection with Haspura P.S. Case No. 107 of 2018 corresponding to G.R No. 30 of 2018, registered for the offences punishable under Sections 341, 323, 354, 354A, 504 of the Indian Penal Code and under Section 8 of the POCSO Act.
Petitioner is said to have shoved the daughter of the informant in order to outrage her modesty in course of shitting by her and when the informant rushed there, petitioner assaulted the informant by means of fists.
It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. Petitioner has no concern with the aforesaid occurrence. He has been falsely implicated in this case. As a matter of fact, mobile of the
Patna High Court CR. MISC. No.31057 of 2019(2) dt.09-05-2019 2/2 petitioner was stolen by the son of the informant and on making complaint with the informant there has some altercation between them and informant has falsely implicated the petitioner in this case peeved with the said altercation. After investigation of the said case police submitted charge-sheet U/s 323, 354, 504 of the IPC, and not under POCSO Act. He has no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Judge (POCSO), Aurangabad, in connection with Haspura P.S. Case No. 107 of 2018 corresponding to G.R. No. 30 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) T.Kr./- U T