Patna High CourtCR. MISC./50870/2019allowed

Bittu Sahni @ Bittu Kumar v. The State Of Bihar

2019-08-16Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50870 of 2019 Arising Out of PS. Case No.-192 Year-2017 Thana- HATHAURI District- Muzaffarpur ====================================================== BITTU SAHNI @ BITTU KUMAR Son of Ram Umed Sahni Resident of Village-Kothia, P.S.-Hathauri, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Prakash Shrarma For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-08-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Hathauri P.S. Case N0. 192 of 2017, disclosing offences under Sections 323,379,380 of the Indian Penal Code and Sections 4,6, and 8 of the POCSO Act.

Learned counsel for the petitioner has submitted that the investigation in the case is complete and the police has found the case to be false. However, since the Court below has taken cognizance and summoned the petitioner, differing from the police report, the petitioner apprehends his arrest. He submits that since the investigation is complete, no purpose would be served, if the petitioner is taken into custody.

Considering the above submission, this application is allowed.

Patna High Court CR. MISC. No.50870 of 2019(2) dt.16-08-2019 2/2 Let the petitioner above named in the event of his arrest/surrender within six weeks from today in the Court below, 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 the learned Special Judge)POCSO)-Additional Sessions Judge-I, Muzaffarpur in Hathauri P.S. Case No. 192 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) arun/- U