Anil Risideo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45869 of 2019 Arising Out of PS. Case No.-141 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== ANIL RISIDEO Son of Damodar Risideo Resident of Village - Kundilpur Ward No.05, P.S.- Narpatganj, Dist.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 363, 366(A), 376 of the Indian Penal Code and 4 of POCSO Act.

The prosecution allegation in short is that the accused persons kidnapped the daughter of the informant. It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.2.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. The alleged date of occurrence is 3.2.2019 and the case was instituted on 16.2.2019. The delay

Patna High Court CR. MISC. No.45869 of 2019(2) dt.24-07-2019 2/2 has not been explained by the prosecution. In the medical report, following is the finding of the doctor:

"As per above finding, there is no sign of fresh sexual assault detected."

On behalf of the State, it is submitted that the petitioner is named in the F.I.R..

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of 1st Addl. Session-cum- Special Judge, Araria in connection with Special (POCSO) Case No. 9/2019 arising out of Forbesganj (Simraha) P.S. Case No. 141/2019.

(Sudhir Singh, J) Pankaj/- U T