Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15550 of 2016 Arising Out of PS.Case No. -554 Year- 2013 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Amit Kumar S/o Nageshwar Singh, Resident of Mohalla - Sarswati Nagar, P.S. Bettiah Muffasil, District - West Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Akhilesh Kumar, Advocate For the Opposite Party : Mr. Anusaiya Jaiswal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Bettiah Muffasil P.S. Case No.554 of 2013 for the offence instituted under Section 354(B) and Section 8 of Protection of Children from Sexual Offences (POCSO) Act, 2012. The prosecution case, in brief, is that one Roushani Kumari gave his fardbeyan before the Police Officer, Bettiah Muffasil on 21.8.2013 at about 12.55 P.M. at his house situated in Lane No.4 of Sarswati Nagar alleging therein that his father namely Sarvendra Kumar Pandey is posted as a Subedar in Indian Army in Rurakee (U.P.). She further alleged that she is residing with her mother namely Rama Pandey in her house and she reads in Class IX in K.R. School, Bettiah. . She further alleged that

Patna High Court Cr.Misc. No.15550 of 2016 (2) dt.03-05-2016 2/2 when she used to go to attend her coaching classes, the accused petitioner and others used to tease her and follow her. It is submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. He has falsely been implicated in the present case. The police after investigation has submitted a final form against the petitioner finding the case to be false. The court below has taken cognizance after differing with the final form.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, as the police has submitted final form in the present case, let the above named petitioner, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of Additional District and Sessions Judge Ist, Bettiah, West Champaran, in connection with Bettiah Muffasil P.S. Case No.554 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) N.H./- U T