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Patna High CourtCR. MISC./34052/2019bail granted

Ashish Kumar @ Ashis Raj v. The State Of Bihar

2019-05-23Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34052 of 2019 Arising Out of PS. Case No.-60 Year-2017 Thana- GARDANIBAG District- Patna ====================================================== Ashish Kumar @ Ashis Raj, Son of Raj Kumar Sah, Resident of Mohalla - H.No.58, Lal Mandir Anisabad, P.s.- Gardanibagh, Dist.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lakshmi Kant Sharma, Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 23-05-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Special (POCSO) Case No.31/17 arising out of Gardanibagh P.S. Case No.60 of 2017 for allegedly having committed the offence under Section 354A(i) of the I.P.C. and Section 8/12 of POCSO Act.

Learned counsel for the petitioner submits that the the entire case is false and fabricated and only because the petitioner being known to the family of the girl had advised her not to indulge in other activities but her coaching classes, the petitioner has been falsely implicated in connection with the present case. Learned counsel for the petitioner further submits that the petitioner had no knowledge of this case but only recently he was informed about it and further that

Patna High Court CR. MISC. No.34052 of 2019(3) dt.23-05-2019 2/2 save and except one case in which the petitioner is already on bail, he has no other criminal antecedents and is a respectable shop owner of the area and has nothing to do with the antisocial activities. Learned counsel further submits that the petitioner is willing to co-operate in any investigation and also appear as and when required.

In view of the aforementioned facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 the learned ADJ-I Cum Special Judge (POCSO), Patna, in connection with Special (POCSO) Case No.31/17 arising out of Gardanibagh P.S. Case No.60 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) PNM U T