Patna High CourtCR. MISC./34534/2019allowed

Prabhu Ram v. The State Of Bihar

2019-09-02Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34534 of 2019 Arising Out of PS. Case No.-130 Year-2019 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== PRABHU RAM Son of Dharikshan Ram @ Dharichan Ram R/O Village Jahanabad (Kudra Bazar), P.S.- Kudra, District- Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 02-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is accused in connection with POCSO Reg. No. 18 of 2019 arising out of Kudra P.S. Case No. 130 of 2019 registered under Sections 323, 341, 354(A), 435 of the I.P.C. and section 8 of the POCSO Act.

Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in this case due to ulterior motive. There is dispute between the parties with regard to flow of drainage water. Further submission is that on perusal of the supplementary affidavit (Annexure-2), it appears that there is case and counter case between the parties. The petitioner also sustained injuries in the alleged occurrence, as detailed in Annexure-3 to the supplementary affidavit. It is

Patna High Court CR. MISC. No.34534 of 2019(5) dt.02-09-2019 2/2 also submitted that petitioner has no criminal antecedent and is in custody since 18.04.2019.

Having considered the facts and circumstances of the case, let the above named petitioner 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 Additional Sessions Judge-I-cum-Special Judge, Kaimur at Bhabua in connection with POCSO Reg. No. 18 of 2019 arising out of Kudra P.S. Case No. 130 of 2019.

(Arvind Srivastava, J) shailendra/- U T