Patna High CourtCR. MISC./42217/2018allowed

Laxami Naran @ Laxami Narayan Dhan v. The State Of Bihar

2018-07-19Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.42217 of 2018 (2) dt.19-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42217 of 2018 ======================================================

1. LAXAMI NARAiN @ LAXAMI NARAYAN DHAN S/o Krishna Ram, R/o Vill.- Binjawas, P.S.- Hamirwas, District- Churu (Rajasthan). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Bihari Tiwary, Adv. For the Opposite Party/s : Mr. Sri Nirmal Kumar Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-07-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 20.10.2017 in connection with Special Case No. 08 of 2018 arising out of Agamkuan P.S. Case No. 457 of 2017 registered under Sections 363, 370, 372, 376/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the occurrence is of 22.06.2017 whereas the F.I.R. has been lodged after lapse of three months without explaining the plausible delay. Moreover, co-accused, Seema Devi and Anil Sharma have also been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 10052 of 2018 and Cr. Misc. No. 12133 of 2018 and the petitioner is rotting in custody for the last nine months. Considering the facts and circumstances of the case, let

Patna High Court Cr.Misc. No.42217 of 2018 (2) dt.19-07-2018 the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned Special Judge (POCSO) Patna in connection with Special Case No. 08 of 2018 arising out of Agamkuan P.S. Case No. 457 of 2017.

(Arvind Srivastava, J) Brajesh/- U T