Putus Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26238 of 2016 Arising Out of PS.Case No. -6 Year- 2016 Thana -DEOKUND District- AURANGABAD ====================================================== Putus Kumar, S/o Nunu Yadav, resident of village- Dular Bigha, P.S. Deokund, Distt. - Aurangabad ( Bihar ) .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anil Kr Singh No. 6, Advocate For the Opposite Party/s : Mr. Binod Kumar, A.P.P. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 04-07-2016 Heard parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 354/34 of the Indian Penal Code, Section 8 of POCSO Act and Section 3 (1) (X) of SC/ST Act.

It is contended on behalf of the petitioner that there is no allegation of any sexual offence committed under the provisions of POCSO Act and there is no insult in any public view. It is apparent from the FIR that the informant and two other ladies had assembled besides the road for the purpose of easing and as per allegation, the petitioner along with two others came on motorcycle on high speed and teased them. It is contended that in fact nothing has been done to outrage the modesty of the ladies

Patna High Court Cr.Misc. No.26238 of 2016 (2) dt.04-07-2016 2/2 and the allegation of showing weapon is only ornamental in nature as it is nowhere stated that what type of weapon was being held by the petitioner. It is urged that the petitioner is having clean antecedent.

Having regard to the facts and circumstances of the case, let the petitioner, namely, Putus Kumar be released on bail in the event of his arrest/surrender before the court below within a period of six weeks from today in connection with Deokund P.S. Case No.6/2016, on furnishing bail bond of Rs.10,000 (Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Special Judge, POCSO Act, Aurangabad subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure.

(Dr. Ravi Ranjan, J) V.K. Pandey/- U T