Mohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38506 of 2020 Arising Out of PS. Case No.-63 Year-2020 Thana- MAHILA P.S. District- Nalanda ====================================================== Mohan Kumar, Son of Sri Nagi Mahto @ Devendra Prasad @ Rajwindar Prasad Resident of Village - Dhaspur, P.S. - Manpur, District - Nalanda ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ritesh Kumar, Advocate.

For the Opposite Party/s :

Mr. Sharda Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-04-2021 Heard the parties in virtual Court.

The petitioner is languishing in custody for the offence punishable under Sections 376, 511, 354A, 354B and 506/34 of the Indian Penal Code, Sections 8 and 12 of the POCSO Act and Section 67(C) of the I.T. Act.

Allegation is that three persons allegedly sexually harassed to the informant. Petitioner is one of that. Learned counsel for the petitioner submits that video clip of the viral video would show that only two persons were there and petitioner was not there. Petitioner has produced Aadhar Card in proof of his identity. Petitioner is in custody since 15.06.2020. Petitioner has stated on oath that he has got no criminal antecedent. Investigation of the case is already complete.

Patna High Court CR. MISC. No.38506 of 2020(6) dt.09-04-2021 2/2 Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Nalanda Mahila P.S. Case No. 63 of 2020, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T