Prawesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38685 of 2017 Arising Out of PS.Case No. -98 Year- 2017 Thana -JANKINAGAR District- PURNIA ======================================================

1. Prawesh Kumar, Son of Yogendra Mandal, Resident of Village- Bora Rahi (Novlakhi), P.S.- Janki Nagar, District- Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 19.05.2017 in connection with Janki Nagar P.S. Case No. 98 of 2017, Special Case No. 37/17 for offences punishable under Sections 452, 354-B of the Indian Penal Code and Section 8 of the POCSO Act.

The prosecution case, as lodged by the informant, is that his daughter, who is a Class-X student had love affair with the petitioner, who had come to his house and tried to commit rape on his daughter. Petitioner was agreeable to marry the informant's daughter in the panchayat so held but later on he

Patna High Court Cr.Misc. No.38685 of 2017 (3) dt.13-09-2017 2/3 showed his unwillingness.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and First Information Report has been lodged after a delay of two days and no plausible explanation has been given for such delay. He submits that no overt act has been alleged to have been committed by the petitioner and that the informant is a muscleman of the locality and is trying to forcibly marry his daughter with the petitioner and having failed, the present case has been lodged as an afterthought. He further submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Addl. Sessions Judge cum Special Judge, Purnea, in connection with Janki Nagar P.S. Case No. 98/2017, Special

Patna High Court Cr.Misc. No.38685 of 2017 (3) dt.13-09-2017 3/3 Case No. 37/17, subject to the condition that both the bailors would be close relatives of the petitioner.

(Nilu Agrawal, J) Rajesh/- U T