Niraj Kumar v. The State Of Bihar
Patna High Court Cr.Misc. No.13235 of 2017 (2) dt.22-03-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13235 of 2017 Arising Out of PS.Case No. -348 Year- 2014 Thana -BARBIGHA District- SEKHPURA ====================================================== Niraj Kumar, son of Kameshwar Ram @ Kamo Ram, Resident of MohallaSamachak, Police Station- Barbigha, District- Sheikhpura. .... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Rajeev Ranjan No.II, Advocate For the Opposite Party : Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 22-03-2017 Heard.
The petitioner apprehends his arrest in connection with Barbigha P.S.Case No.348 of 2014 registered for an offence under Sections 363 and 366 of the IPC and Sections 4/6 of the POCSO Act.
The informant has alleged that this petitioner and one Bhonu Pandit abducted her minor daughter aged about 17 years with ill motive.
The counsel for the petitioner submits that the matter was investigated and police finding no material against the petitioner, submitted final form but the court below took cognizance and offence under the aforesaid Sections against both the accused. He further submits that co-accused Bhonu Pandit has
Patna High Court Cr.Misc. No.13235 of 2017 (2) dt.22-03-2017 been allowed anticipatory bail by this Court vide order dated 17.10.2016 passed in Cr.Misc.No.42502 of 2016. However, learned APP for the State opposes the prayer for anticipatory bail.
Considering the nature of allegation, facts and circumstances, in the event of his arrest or surrender in the court below, let the above named petitioner be admitted on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-Ist, Sheikhpura in connection with Barbigha P.S.Case No.348 of 2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Sanjay Kumar, J) B.Kr./- U