Ajay Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.5802 of 2018 (2) dt.02-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5802 of 2018 Arising Out of PS.Case No. -140 Year- 2017 Thana -TANKUPPA District- GAYA ====================================================== Ajay Kumar S/o Kedar Mistri, R/o Village- Harli Kulla, P.S.- Bodh Gaya, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Sharma For the Opposite Party/s : Mr. Sri Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 02-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has been in custody since 12.11.2017 in connection with POSCO Case No. 85 of 2017 arising out of Tankuppa P.S. Case No. 140 of 2017 for the offence registered under Sections 354B/34 of the Indian Penal Code and Section 8 of Protection of Children from Sexual Offences Act, 2012. Learned counsel for the petitioner submits that the only allegation against the petitioner is that he caught hold of the hand of the victim girl. There is no allegation of assaulting the girl for having intention of disrobing her. Thus, it is submitted that no case is made out under Section 354 of the Indian Penal Code. Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.5802 of 2018 (2) dt.02-02-2018 the case, let the petitioner, above named, 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 Additional District and Sessions Judge- 1st-cum-Special Judge (POSCO Act), Gaya in connection with POSCO Case No. 85 of 2017 arising out of Tankuppa P.S. Case No. 140 of 2017.

(Anjana Mishra, J) Jagdish/- U T