Arbind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58285 of 2017 Arising Out of PS. Case No.-236 Year-2017 Thana- KONCH District- Gaya ====================================================== Arbind Kumar, Son of Bangali Prasad, Resident of Village- Konch, P.S.- Konch, District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Amit Kumar For the Opposite Party/s :

Mr. SMT SANGEETA SHARMA ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-01-2018 Heard learned counsel for the petitioner and the State. This is an application for regular bail in connection with Konch P. S. Case no. 236 of 2017 registered for the offences punishable under Sections 341 and 354A of the Indian Penal Code and Section 8 of the POCSO Act.

Informant is a student of a Middle School and aged about 13 years and she has stated in the FIR that on 03.10.2017 at about 3 P.M. accused petitioner called her on the first floor and in course of copy checking he put his hand below her waist. The girl narrated the incident to her mother and thereafter the present FIR was lodged.

It has been submitted by the learned counsel for the petitioner that he is innocent and because of the victim girl's poor performance in examination he scolded her and , as such, she implicated petitioner with false allegation

Patna High Court Cr.Misc. No.58285 of 2017(3) dt.12-01-2018 2/22 on the basis of concocted and fabricated story. It has further been submitted that petitioner has no criminal antecedent and is in custody since 04.10.2017.

Considering the facts and circumstances of the case, let above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge, POCSO-cum-1st Additional Sessions Judge, Gaya, in connection with Konch P. S. Case No. 236 of 2017. (S. Kumar, J) Sudip/- U T