Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32417 of 2019 Arising Out of PS. Case No.-62 Year-2018 Thana- PIPRIYA DistrictLakhisarai ====================================================== MANOJ KUMAR, Son of Ashok Sao Resident of Village - Terasi Tola Piparia, P.S.- Piparia, District - Lakhisarai ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Mukesh Kumar, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 09-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 366(A), 504/34 of the Indian Penal Code and Section 8 of POCSO Act registered in connection with Piparia P.S. Case No. 62 of 2018.

3. It is submitted that the petitioner has been falsely implicated as evident from the statement of the so-called victim girl in paragraph 27 of the case diary recorded under Section 164 Cr. P.C. wherein she has categorically stated that she had voluntarily gone to Rohtak with the petitioner. It is therefore submitted that the ingredients of Section 366A IPC are not satisfied. On a bare perusal of F.I.R. as well as the statement of socalled victim girl under Section 164 Cr. P.C., no offence under POCSO Act is made out. 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

Patna High Court CR. MISC. No.32417 of 2019(3) dt.09-08-2019 2/2 petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Piparia P.S. Case No. 62 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