Shishir Jha @ Shirish Jha @ Shirish Chandra Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35144 of 2019 Arising Out of PS. Case No.-128 Year-2019 Thana- KHARHAGPUR District- Munger ====================================================== SHISHIR JHA @ SHIRISH JHA @ SHIRISH CHANDRA JHA Son of Late Pratap Narayan Jha Resident of Village- Khas Bazar Haveli Kharagpur, P.S.- Kharagpur, District- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nawal Kishor Prasad For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-08-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Kharagpur P.S. Case No. 128 of 2019, instituted for the offence under Section(s) 354(A), 354(B) of Indian Penal Code and Section 8 of POCSO Act.

It is alleged in the written report that petitioner enticed the daughter of informant namely, Priyanka Kumari @ Sato aged about 8 years and took her into the house. He showed vulgar video on Mobile and tried to commit illegal act with her. The victim girl was produced before the learned Magistrate for recording statement under Section 164 Cr. P.C. But, she was not able to give any statement. The Court has

Patna High Court CR. MISC. No.35144 of 2019(4) dt.09-08-2019 2/2 assessed the age of victim girl as 5 years.

Counsel for the petitioner submits that petitioner has been falsely implicated in the instant case. He is in custody since 19.4.2019 having clean antecedent. There is case and counter case between petitioner and the informant. Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, 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 Special Judge (POCSO Act) cum ADJ-I, Munger, in connection with Kharagpur P.S. Case No. 128 of 2019, subject to the condition that both the bailors will be close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T