Pinku Saha @ Dharmendra Kumar Saha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61251 of 2019 Arising Out of PS. Case No.-281 Year-2019 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Pinku Saha @ Dharmendra Kumar Saha, Son of Jugal Kishor Sah Resident of Village - Dr. R.P.P.P. Road, Near Marwari Dharmawshala, Khaligabag, P.s.- Jogsar, Dist.- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Mishra For the Opposite Party/s :
Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 363, 354A, 354B, 506 of the Indian Penal Code and 4 and 8 of POCSO Act.
Prosecution allegation, in short, is that the accused person teased and misbehaved with the informant while she was going to tuition classes and further threatened with dire consequences.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the
Patna High Court CR. MISC. No.61251 of 2019(3) dt.16-11-2019 2/2 present case due to petty family dispute. The victim girl has been examined under section 164Cr.P.C. in which the main allegation is levelled against the co-accused namely Ayush Saha. The petitioner happens to be his father. Hence, the petitioner has been made accused in the present case. Except for this, there is no other substantive evidence to suggest his implication in the present case.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -1st -cum- Special Judge, POCSO, Bhagalpur in connection with Kotwali (Jogsar) P.S. Case No. 281/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Pankaj/- U T