Turaj Prasad @ Nima v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36772 of 2019 Arising Out of P.S. Case No.-4 Year-2019 Thana- BUNIYAD GANJ District- Gaya ====================================================== TURAJ PRASAD @ NIMA, aged about 35 years, Male, Son of Jeet Narayan Prasad @ Mudulu Resident of Mohalla- Pahani Manpur, P.S.- Buniyadganj, District- Gaya.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Lakshmi Kant Sharma, Advocate For the Opposite Party :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Petitioner is in custody in connection with Buniyadganj P.S.Case No.04 of 2019 registered for an offence under Sections 363, 365, 302, 201, 120(B), 354 and 354(B) of the Indian Penal Code and Section 8 of the POCSO Act as well as Section 75 of the Juvenile Justice Act.
From perusal of the FIR, it appears that this petitioner submitted a written report to the police on 04.01.2019 alleging therein that his daughter, namely, Anjana Kumri (deceased) is missing from 28.12.2018. On the basis of written statement of the informant, a formal FIR bearing Buniyadganj P.S.Case No.04 of 2019 dated 04.01.2019 for the offence under Sections 365 of the Indian Penal Code and subsequently Section 302, 201 and 120B of the Indian Penal Code was added on 15.01.2019
Patna High Court CR. MISC. No.36772 of 2019(3) dt.04-09-2019 2/2 and later on 354 and 354(B) of the Indian Penal Code and Section 8 of the POCSO Act was also added on 19.02.2019. It is submitted on behalf of the petitioner that this petitioner is none-else then father of the victim. It is further submitted that it is this petitioner who has given the information of missing of her girl (deceased) to the police on the basis of which, the FIR has been lodged. It is further submitted that during investigation, save and except suspicion, there is no incriminating material or evidence has been found against the petitioner. It is also submitted that chargesheet has also been submitted and petitioner is in custody since 10.01.2019 and having no criminal antecedent.
Considering the aforesaid facts and circumstances, 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 learned Additional District Judge-cum-Special Judge (POCSO) Act, Gaya in connection with Buniyadganj P.S.Case No.04 of 2019. B.Kr./- (Prabhat Kumar Singh, J) U T