Patna High CourtCR. MISC./16680/2018bail granted

Venktesh Mistri @ Panchu v. The State Of Bihar

2018-04-26Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16680 of 2018 Arising Out of PS.Case No. -36 Year- 2015 Thana -CIVIL LINE District- GAYA ====================================================== Venktesh Mistri @ Panchu, Son of Dudheshwar Mistri, Resident of Village Pokharahan (Barahi), P.S. Goh, District- Aurangabad. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sheikh Arkan Ahmad, Advocate For the Opposite Party/s : Mr. Sri Anant Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 366(A) of the Indian Penal Code and 12 of the POCSO Act.

It is submitted by the petitioner's counsel that from the statement of the victim recorded under Section 164 Cr.P.C., it is obvious that she on her own volition had gone with the petitioner and the Doctor has assessed the age of the victim between 17-18 years. The petitioner has no criminal antecedent and is in custody since 29.08.2016.

In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees

Patna High Court Cr.Misc. No.16680 of 2018 (3) dt.26-04-2018 2/2 Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional District Judge 1st, Gaya in Civil Line P.S. Case No. 36 of 2015 subject to the conditions : (i) That 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.

(ii) That 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) Prakash/- U