Jailor Dom v. The State Of Bihar

Patna High Court Cr.Misc. No.2260 of 2016 (4) dt.15-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2260 of 2016 Arising Out of PS.Case No. -639 Year- 2015 Thana -BHABHUA District- BHABHUA (KAIMUR) ====================================================== Jailor Dom Son of Kavilash Dom Resident of Bhabua ward no. 25, P.s Bhabua, District Kaimur (Bhabua) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinod Kumar Seth, Adv. For the Opposite Party/s : Mr. Dr. Ajit Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-03-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Bhabua P.S. Case No. 639 of 2015 registered for the offences punishable under Sections 441 and 354(B) of the Indian Penal Code and Section 8 of the POCSO Act.

Allegedly, the petitioner caught Jeevan Jyoti Kumari, aged 13 years, the daughter of the informant and started outraging her modesty by catching her breast and after getting information the informant went there and caught the petitioner and handed over to the police.

Submission is of false implication and that the petitioner has been implicated with oblique motive, he is student

Patna High Court Cr.Misc. No.2260 of 2016 (4) dt.15-03-2016 of B.A., the petitioner being a poor has been implicated falsely resulting he is suffering in custody since 13.11.2015 without any cogent material.

The learned A.P.P. opposes the prayer of bail. In the facts and circumstances stated above, the petitioner, above named, shall be released on bail after completion of six months custody from the date of his remand on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, 1st Kaimur (Bhabua) in connection with Bhabua P.S. Case No. 639 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U T