Mohit Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79588 of 2018 Arising Out of PS. Case No.-78 Year-2018 Thana- TANDWA District- Aurangabad ====================================================== Mohit Pathak Son of Shyam Prakash Pathak, Resident of Village- Patwa Toli, P.S. - Tandwa, Distt.- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP For the Informant :

Mr. Birendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is in custody in connection with Tandwa PS Case No. 78 of 2018 for the alleged offence under Sections 341, 323,354, 504 of the Indian Penal Code as also under Section 8 of the POCSO Act.

Allegation against the petitioner is that he attempted to outrage the modesty of the daughter of the complainant. Learned counsel for the petitioner submits that the petitioner and the informant belong to the same locality. He further submits that the petitioner has no criminal antecedent and he is in custody since 15.11.2018.

Considering the totality of the facts and circumstances

Patna High Court Cr.Misc. No.79588 of 2018(2) dt.11-01-2019 2/2 of the case and the fact that the petitioner and the complainant are of the same locality, 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 Additional Sessions Judge -cum-Special Judge, (POCSO), Aurangabad, in connection with Tandwa PS Case No. 78 of 2018 on the condition that bailors should be the residents of the same locality other than family members. (Anil Kumar Upadhyay, J) mrl./- U T