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Patna High CourtCR. MISC./54383/2017bail granted

Pappu Kumar Yadav @ Pappu Kumar v. The State Of Bihar

2017-11-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54383 of 2017 Arising Out of PS.Case No. -239 Year- 2017 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. PAPPU KUMAR YADAV @ PAPPU KUMAR Son of Sukat Rai, R/o Village- Patkhaul, P.S.- Bairiya, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-11-2017 Heard the parties.

The petitioner seeks regular bail in connection with Sugauli P.S.Case No.239 of 2017 registered for offences punishable under Sections 354(A), 354(D), 468, 471, 34, 469 and 506 of the Indian Penal Code and Section 66(A) of IT Act, 2000 and Section 8 POCSO Act, 2012.

Allegation against the petitioner as per FIR is against the co-accused of making the obscene picture of the daughter of the informant and viral on the facebook.

Submission of the learned counsel for the petitioner is that the allegation is against the co-accused who has already been grant bail by this Court, vide order dated 13.11.2017 passed in Cr.Misc. No.51777 of 2017.

Patna High Court Cr.Misc. No.54383 of 2017 (2) dt.16-11-2017 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge-cumSpecial Judge, POCSO Act, East Champaran, Motihari in Sugauli P.S.Case No.239 of 2017.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T