Ganesh Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44050 of 2018 Arising Out of PS.Case No. -158 Year- 2018 Thana -SAKRA District- MUZAFFARPUR ====================================================== Ganesh Thakur S/o Late Ram Surat Thakur, R/o Vill.- Dwarikapur, P.S.- Sakra, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rana Sanjay Kumar Singh, Adv. For the Opposite Party/s : Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-09-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Sakra P.S. Case No. 158/2018, registered for the offence punishable under Section 354(B) of the Indian Penal Code and sections 8, 2 of P.O.C.S.O. Act.

Allegation against petitioner is outraging the modesty of minor daughter of informant.

It has been submitted that petitioner has falsely been implicated in this case. During investigation, it has come that on 24.04.2018 petitioner (Guard of Primary Health Centre) was on his official duty. There was rush at the medicine counter. Petitioner asked the daughter of informant to remain in queue to

get the medicine, on which the informant started abusing the petitioner. Thereafter, she lodged this false case. Petitioner has no criminal antecedent. He is in custody since 25.04.2018.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional District & Sessions Judge-cum-Special Judge, P.O.C.S.O. Act, Muzaffarpur in connection with Sakra P.S. Case No. 158/2018, subject to the conditions:

(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case,

prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T