Patna High CourtCR. MISC./66216/2018bail granted

Binod Sah @ Binod Khanna @ Khanna v. The State Of Bihar

2018-11-05Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66216 of 2018 Arising Out of PS.Case No. -64 Year- 2018 Thana -MAHILA P.S. District- ARRARIA ====================================================== Binod Sah @ Binod Khanna @ Khanna, S/o Baleshwar Sah, resident of village- Saidabad, Ward No. 12, P.S.- Sikty, District- Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s : Mr. Nand Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 05-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Special (POCSO) Act Case No.30 of 2018 arising out of Mahila (Araria) P.S. Case No.64 of 2018 instituted for the offence under Section(s) 376 Indian Penal Code and Section 3⁄4 of the POCSO Act.

Counsel for the petitioner submits that from the written report it appears that girl was major aged about 18 years. She has stated that she had gone with this petitioner to Virat Nagat where he established physical relationship with her. Thereafter, he brought her to Araria and left her. From the allegation in the written report, it appears that act has been done by the petitioner with informant with her

Patna High Court Cr.Misc. No.66216 of 2018 (2) dt.05-11-2018 2/2 consent, who is major.

Petitioner is in custody since 30.06.2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. 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 the 1st Additional Sessions Judgecum-Special Judge, Araria, in connection with Special (POCSO) Act Case No.30 of 2018 arising out of Mahila (Araria)P.S. Case No.64 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) JA/- U T