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Patna High CourtCR. MISC./55565/2024bail granted

Niraj Tiwari @ Neeraj Tiwari v. The State Of Bihar

2024-08-14Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55565 of 2024 Arising Out of PS. Case No.-120 Year-2017 Thana- SIMRI District- Buxar ====================================================== 1.

Niraj Tiwari @ Neeraj Tiwari Son Of Rampravesh Tiwari Resident Of Village - Simri Bairagi Tola, P.S. - Simri, District - Buxar 2.

Umesh Tiwari Son Of Ramashankar Tiwari Resident Of Village - Simri Bairagi Tola, P.S. - Simri, District - Buxar ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Rajesh Tiwari Son Of Rampravesh Tiwari Resident Of Village - Simri Bairagi Tola, P.S. - Simri, District - Buxar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Pradhan, Advocate For the State :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 14-08-2024 Heard learned counsel for the petitioners; learned APP for the State and learned counsel for the informant.

2. The petitioners seek bail in connection with POCSO Case No. 42 of 2017 arising out of Simri P.S. Case No. 120 of 2017 registered for the offence punishable under Sections 366 and 366(A) of the Indian Penal Code.

3. The allegation against the petitioners is of having participated in the abduction of the victim. The victim in her statement before the Juvenile Justice Board, Buxar has not supported the allegation. The petitioners are in jail since 26.06.2024.

Patna High Court CR. MISC. No.55565 of 2024(2) dt.14-08-2024 2/2

4. Learned APP appearing for the State opposes the prayer for regular bail of the petitioners.

5. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, be released on bail, after framing of charge if charge has not already been framed, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.D.J., VIth- cum -Special Judge POCSO Act, Buxar/concerned Court in connection with POCSO Case No. 42 of 2017 arising out of Simri P.S. Case No. 120 of 2017, subject to the condition that the petitioners will co-operate in the trial. (Sandeep Kumar, J) P. Kumar U T