Jagmohan Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34619 of 2022 Arising Out of PS. Case No.-235 Year-2020 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Jagmohan Jha, Son of Sri Lakshmi Kant Jha Resident of Village - Marar, P.S.- Rahika, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pravin Kumar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-09-2022 Heard learned counsel for the petitioner and the learned APP for the State.

Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The case is registered under Sections 323, 341, 354(B) of the Indian Penal Code and Section 12 of the POCSO Act, 2012 in connection with Madhubani Town P.S. Case No.235 of 2020.

As per the prosecution story the informant has alleged that her minor daughter was going to attend coaching and when she reached near Durga Mandir the accused persons started teasing her and tried to caught hold of hand and upon hulla the police assembled and the petitioner herein fled away. The further allegation of the informant is that the petitioner has criminal intent and always teased her daughter and send

Patna High Court CR. MISC. No.34619 of 2022(2) dt.13-09-2022 2/3 indecent messages on her mobile.

Learned counsel for the petitioner submits that for the said alleged act, he has already suffered by being in custody since 07.03.2022.

Taking into account the fact that he is in custody since 07.03.2022 and charge-sheet stands submitted, this Court is inclined to grant him privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Madhubani Town P.S. Case No.235 of 2020 to the satisfaction of learned Additional District & Sessions Judge, VIth-cum-Special Judge, POCSO, Madhubani, subject to following conditions: (i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his

Patna High Court CR. MISC. No.34619 of 2022(2) dt.13-09-2022 3/3 presence;

(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Prakash Narayan /- U T