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Patna High CourtCR. MISC./8009/2021allowed

Maheshwar Mukhiya v. The State Of Bihar

2021-03-24Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8009 of 2021 Arising Out of PS. Case No.-89 Year-2019 Thana- BASANHI District- Saharsa ====================================================== MAHESHWAR MUKHIYA Son of Bechan Mukhiya @ Vechan Mukhiya Resident of Village - Barhauna, P.S.- Basnahi, District - Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kumar Singh For the Opposite Party/s :

Mr. Pranav Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 24-03-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is accused in connection with Special POCSO Case No. 36 of 2019 arising out of Basnahi P.S. Case No. 89 of 2019 registered under Section 376 of the I.P.C. and sections 4 and 6 of the POCSO Act.

Submission of learned counsel for the petitioner is that earlier prayer of the petitioner for bail was rejected by this Court on 04.12.2019 vide Cr. Misc. No. 76690 of 2019. Now, in the instant case, the fresh ground is that the charge sheet has been submitted under section 376/511 of the Indian Penal Code and Section 8 of the POCSO Act. Further submission is that petitioner is in custody since 02.09.2019.

Having considered the above facts and circumstances

Patna High Court CR. MISC. No.8009 of 2021(5) dt.24-03-2021 2/2 of the case, let the above named petitioner 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 1st Additional Sessions Judge-cum-Special Judge, POCSO Act, Saharsa in connection with Special POCSO Case No. 36 of 2019 arising out of Basnahi P.S. Case No. 89 of 2019. (Arvind Srivastava, J) shailendra/- U T