Wakil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19561 of 2018 Arising Out of PS.Case No. -36 Year- 2018 Thana -RAMNAGAR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Wakil Yadav, Son of Sri Narayan Yadav, Resident of Village- Jura Pakari, P.S.- Ram Nagar, District- West Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kr Singh No. 1, Advocate For the Opposite Party/s : Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 21-05-2018 Heard learned counsel for the petitioner and learned APP for the State, who has opposed the prayer for bail. Petitioner is an accused in a case registered for offence under Section 354(A)(i)(ii) of the Indian penal Code and Section 8/12 of POCSO Act.

Learned counsel for the petitioner submits that the petitioner and the victim are next door neighbours and due to some extraneous consideration, F.I.R. has been lodged three days after the alleged occurrence as an after thought. It is submitted that the victim was examined under Section 164 Cr.P.C. but has not stated anything in support of the F.I.R. The parents of the victim have also denied medical examination of the victim and as such there is no corroboration whatsoever of the allegations. Petitioner is a man

Patna High Court Cr.Misc. No.19561 of 2018 (3) dt.21-05-2018 2/2 of clean antecedent and he is in custody since 9.2.2018. Considering the aforesaid submissions, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Ist Additional Sessions Judge-cum-Special Judge, POCSO, Bagaha, District- West Champaran in Ramnagar P.S. Case No.36 of 2018 (POCSO Case No.6 of 2018) on the following conditions : - One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner and The petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) N.H./- U T