Bittu @ Nabi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.76441 of 2018 Arising Out of PS. Case No.-158 Year-2018 Thana- HALSI District- Lakhisarai ====================================================== Bittu @ Nabi, Son of Munna@ Sultan, Resident of Mohalla- Prabhat Chowk, Ward No. 9, P.S. Lakhisarai, District- Lakhisarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :
Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-01-2019 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Halsi (Ramgarh Chowk) P.S. Case No. 158 of 2018 for the offence under Section 366A of the Indian Penal Code and Section 4/6 of the POCSO Act.
Learned counsel for the petitioner submits that the victim is a major. Referring to the prosecution case, he submits that no case under Section 366A of the Indian Penal Code and POCSO Act is attracted in the instant case. He submits that the petitioner has got no criminal antecedent and he is in custody since 27.09.2018.
In the instant case, case diary was called for. From the statement of the victim recorded under
Patna High Court Cr.Misc. No.76441 of 2018(3) dt.29-01-2019 2/2 Section 164 of the Cr.P.C., it appears that the petitioner has made attempt to take the girl to unknown destination, instead of dropping at her house.
Considering the fact that the petitioner has got no criminal antecedent and he is in custody since 27.09.2018 and also the fact that the petitioner is a trader, engaged in crockery business, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-I-cum- Special Judge, Lakhisarai in connection with Halsi (Ramgarh Chowk) P.S. Case No. 158 of 2018 with the condition that the bailors should be the local traders having registered with GST. (Anil Kumar Upadhyay, J) uday/- U T