Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41436 of 2019 Arising Out of PS. Case No.-8 Year-2019 Thana- MAHILA P.S. District- Bhagalpur ====================================================== SUNIL KUMAR Son of Tapeshwar Sharma Resident of Village - Algana, P.S.- Kako, dist.- Jahanabad, At Present Resident of C/o Ashok Mishra, son of Late Suresh Chandra Mishra, C.C. Mukhergee Road, Ward No.23, P.S.- Jogsar, Dist.- Bhagalpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar Gupta For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with POCSO Case No. 05 of 2019 arising out of Mahila P.S. Case No. 08 of 2019 registered for the offence punishable under Section 354 of the Indian Penal Code and 8 of POCSO Act.

Informant who is the father of victim has alleged in his written complaint dated 28.01.2019 that his minor daughter aged about 13 years used to take tuition from the petitioner and on 20.01.2019 he called her alone and started teasing her and anyhow she returned back and informed her grandmother about the incident but when informant and his family members tried to

Patna High Court CR. MISC. No.41436 of 2019(4) dt.30-09-2019 2/3 meet him but he fled away.

It has been submitted on behalf of petitioner that he has been falsely implicated in this case due to village rivalry and suspicion. Petitioner has no criminal antecedent and he is in custody since 12.04.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge, 1st-cum-Special Court POCSO, Bhagalpur, in connection with POCSO Case No. 05 of 2019 arising out of Mahila P.S. Case No. 08 of 2019 subject to the conditions that:-

(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 properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

Patna High Court CR. MISC. No.41436 of 2019(4) dt.30-09-2019 3/3

(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) veena/- U T