Patna High CourtCR. MISC./55556/2015bail granted

Bijay Kumar v. The State Of Bihar

2016-02-05Mr. Justice Mungeshwar Sahoo2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55556 of 2015 Arising Out of PS.Case No. -208 Year- 2015 Thana -MUNGER MUFFASIL District- MUNGER ======================================================

1. Bijay Kumar Son of Sri Daya Sagar Tanti @ Gupta @ Bhola Tanti, Resident of village- Mahadeopur, P.S.- Mufassil (Munger), DistrictMunger .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. Dasrath Mehta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 05-02-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner Bijay Kumar, who is teacher in Government school is in custody in Mufassil (Munger) P.S. Case No. 208 of 2015 under Section 354A,341,342 of I.P.C. and Section 10 of Protection of Children from Sexual Offence Act, 2012.

The F.I.R. was lodged alleging that the petitioner molested the daughter of the informant aged about 14 years finding her alone in the class room of the school. According to the learned counsel for the petitioner, the petitioner has already been suspended for the false allegation

Patna High Court Cr.Misc. No.55556 of 2015 (3) dt.05-02-2016 2/2 made by the prosecution case. The learned counsel submitted that in fact the daughter of the informant was taking tuition from the petitioner and when the petitioner demanded the tuition fee, he has been falsely implicated in this case and moreover he is in custody more than four months and he has been suspended. On the other hand, the learned A.P.P. objected the prayer.

Considering the nature of allegation and period of detention and the fact that the petitioner is government servant who has been suspended, I direct that the petitioner named above be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, POCSO -cum- Addl. Sessions Judge Ist, Munger in connection with Mufassil (Munger) P.S. Case No. 208 of 2015.

(Mungeshwar Sahoo, J) ravi/- U T