Nitish Kumar Singh @ Nitish Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66296 of 2018 Arising Out of PS. Case No.-232 Year-2018 Thana- CHAINPUR District- Bhabhua (Kaimur) ====================================================== Nitish Kumar Singh @ Nitish Patel, Son of Madan Patel @ Madan Singh, Residnet of Village- Sigati, Police Station- Bhabhua, District- Kaimur (Bhabua).

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Kumar Sunil For the Opposite Party/s :

Mr. Sri Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-11-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with POCSO Reg. No 36 of 2018 arising out of Chainpur P.S. Case No. 232 of 2018 registered for the offences punishable under Sections 341, 342, 354 (A), 363, 504, 506 and 34 of the Indian Penal Code, under Section 10 of POCSO Act, 2012 and under Sections 37(A)(B) of the Bihar Prohibition and Excise Act, 2016.

Informant who is the father of the victim girl has alleged that when his daughter was returning home from coaching along with her friend Shweta Kumari, Petitioner along with other co-accused person took his daughter on a car on the

Patna High Court Cr.Misc. No.66296 of 2018(2) dt.20-11-2018 2/2 pretext of attending birthday party and thereafter they misbehaved with both the girls.

It has been submitted on behalf of the petitioner that he is innocent. He has been falsely implicated in this case due to ulterior motive. No specific allegation is made against the petitioner. Allegations are vague, general and omnibus in nature. He is in custody since 17.09.2018. It has been further submitted that similarly placed co-accused persons have been granted bail by another co-ordinate Bench of this Court in Cr. Misc. No. 61687 of 2018 and 64694 of 2018 vide order dated 26.10.2018 respectively.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 1st cum Special Judge, (POCSO), Kaimur at Bhabua in connection with POCSO Reg. No. 36 of 2018 arising out of Chainpur P.S. Case No. 232 of 2018. (S. Kumar, J) Rajiv/ManojU T