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Patna High CourtCR. MISC./41374/2019allowed

Sonu Mali @ Nishant Mali v. The State Of Bihar

2019-07-04Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41374 of 2019 Arising Out of PS. Case No.-135 Year-2019 Thana- KOILWAR District- Bhojpur ====================================================== Sonu Mali @ Nishant Mali Son of Lallu Mali Resident of Village-Birampur (Kritpura), P.S.-Koilwar, District-Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pranav Kumar For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-07-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Koilwar P.S. Case No. 135 of 2019 (Pocso Case No. 28 of 2019) for the offence under section 354(A), 354(B) of the Indian Penal Code and Section 12 of the Pocso Act.

Learned counsel for the petitioner would submit that petitioner has no criminal antecedent.

The present case is counter blast of the dispute between the petitioner and the informant side on account of drainage of house water, although the dispute was settled by Panchayati and that was the reason for false implication of the petitioner.

He further submits that girl is aged about 18 years and

Patna High Court CR. MISC. No.41374 of 2019(2) dt.04-07-2019 2/2 not 14 years.

Considering the fact that petitioner has no criminal antecedent, the Court is inclined to grant bail to the petitioner, let the petitioner, named above, 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 learned 1st Addl. Sessions Judge cum Special Judge, Bhojpur at Ara, in connection with Pocso Case No. 28/19 (Koilwar P.S. Case No. 135 of 2019) subject to the condition that bailors should be local female resident other than family members of the petitioner. (Anil Kumar Upadhyay, J) Ravi/- U T