Rupesh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63554 of 2018 Arising Out of PS. Case No.-41 Year-2017 Thana- AMNAUR District- Saran ====================================================== Rupesh Rai Son of late Saptan Rai Resident of Village Dholahi, Nara Par, P.S.- Amnaur, District- Saran.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Adv.
For the Opposite Party/s :
Mr. Sri Nawal Kishore Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 14-03-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with POCSO Case No. 26 of 2017 arising out of Amnaur P.S. Case No. 41 of 2017 for the offence punishable under Sections 376, 302 and 201 of the Indian Penal Code and 3/4 of the POCSO Act.
Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner has not been named in the F.I.R. and mere on the confessional statement of the co-accused, Rabindra Ray, the petitioner has been made accused in this case. Save and
Patna High Court CR. MISC. No.63554 of 2018(4) dt.14-03-2019 2/2 except confession of the co-accused, there is nothing on record against the petitioner. Hence, the petitioner may be granted the privilege of anticipatory bail.
Considering the facts and circumstances of the case, let the, above named, petitioner in the event of surrender within a period of four weeks 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 learned Additional Sessions Judge -cum- Special Judge, POCSO, Saran at Chapra in connection with POCSO Case No. 26 of 2017 arising out of Amnaur P.S. Case No. 41 of 2017 subject to the conditions laid down under Section 438(2) of the Cr.P.C.
(Arvind Srivastava, J) Brajesh/- U T