Chhotu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36996 of 2019 Arising Out of PS. Case No.-324 Year-2018 Thana- NAVINAGAR District- Aurangabad ====================================================== CHHOTU YADAV, son of Suresh Yadav, Resident of Village- Dani Bigha, Ward No.6, P.S.- Nabinagar, Dist.- Aurangabad (Bihar) ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Leelawati Kumari, Advocate For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 20-06-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in Nabinagar P.S. Case No.324 of 2018 instituted for the offence under Section(s) 341, 323, 354, 504 Indian Penal Code and Section 8 of the POCSO Act. Counsel for the petitioner submits that petitioner has clean antecedents. He has been implicated in the case due to village politics. It has been submitted that four days prior to alleged occurrence fight took place between informant and father of petitioner and as a counter blast instant case has been lodged. Occurrence has taken place on 14.11.2018 at about 3 PM. The First Information Report has been lodged on 15.11.2018 at about 8.30 PM and no explanation has been given for delay in lodging the First Information Report.
Patna High Court CR. MISC. No.36996 of 2019(2) dt.20-06-2019 2/2 In the written report, it is alleged that the petitioner attempted to remove pant of five year old daughter of the informant. There is no statement of the victim recorded under Section 164 Cr.P.C.
In the 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 the Additional Sessions Judge-1 (POCSO Act), Aurangabad, in connection with Nabinagar P.S. Case No.324 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) J. Alam/- U T