Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50919 of 2019 Arising Out of PS. Case No.-85 Year-2019 Thana- ROHTAS District- Rohtas ====================================================== Deepak Kumar, S/o- Ishwardayal Singh, Resident of Village- Chitauli, P.S.- Rohtas, Distt- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-08-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Rohtas P.S. Case No. 85 of 2019 registered under Sections 448, 354(B), 341, 323/34 of the Indian Penal Code and Section 12 of the POCSO Act.

The accusation is that in the evening of 09.04.2019, petitioner entered in the house of informant, Priti Kumari, aged about 17 years, and asked her mobile number but she refused to provide the same. After few minutes, petitioner again entered in her house and forcibly asked to provide her mobile number but she again refused then petitioner caught hold her hand to give his mobile number but informant anyhow got set free her hand and reached at Varamdah near her grandfather and grandmother and narrated the incident, on

Patna High Court CR. MISC. No.50919 of 2019(2) dt.16-08-2019 2/2 which, her grandmother went at the house of the petitioner and made complaint. Thereafter, at 6 P.M., Rahul and the petitioner along with their mother came at the house of informant and started to cause assault to her but she was saved by ladies present there. Learned counsel for the petitioner submits that family members of the petitioner and the informant are next door neighbour and due to dirty village politic, the present case has been lodged with false allegation and petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Ist Additional Sessions Judge-cun-Special Judge, POCSO, Rohtas at Sasaram, in connection with Rohtas P.S. Case No. 85 of 2019 , subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T