Patna High CourtCR. MISC./6646/2017disposed

Manish Yadav @ Manish Kumar v. The State Of Bihar

2017-03-29Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6646 of 2017 Arising Out of PS.Case No. -120 Year- 2015 Thana -BHARGAWAN District- ARRARIA ====================================================== Manish Yadav @ Manish Kumar, Son of Ashok Yadav, Resident of Village - Jahad, P.S. - Bhargama, District - Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-03-2017 The petitioner is apprehending his arrest in connection with Spl. Case No. 11/15 (POCSO Act) arising out of Bhargama P.S. Case No. 120/15, registered for offences punishable under Sections 341, 323, 341, 316, 376 of Indian Penal Code and Section 4 of POCSO Act, 2012.

It has been submitted on behalf of the petitioner that in this case police after investigation submitted final form not finding the case true against the petitioner, however, learned Magistrate differing with the said final form, took cognizance against the petitioner. However, the present case is out and out a false and concocted one.

Learned counsel for the State opposed the prayer for bail. Having heard both sides, considering the facts and circumstances of the case and the nature of allegation, let

Patna High Court Cr.Misc. No.6646 of 2017 (4) dt.29-03-2017 2/2 petitioner surrender before the court below and pray for regula bail and if any such application is filed, the court below after considering the materials available on record and also considering the fact that in this case final form has been submitted by the police not finding the case true, however, learned Magistrate has taken cognizance against the petitioner, shall pass an appropriate order, preferably on the same day, without being prejudiced by the order of this court.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) sunil/- U