Amit Kumar @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23906 of 2017 Arising Out of PS.Case No. -219 Year- 2016 Thana -ARWAL District- JEHANABAD ======================================================

1. Amit Kumar @ Chhotu, son of Sri Ram Pravesh Singh, resident of Village- Lekha Bigha, Police Station- Arwal, District- Arwal. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-07-2017 The petitioner seeks regular bail in connection with Arwal P.S. Case No. 219 of 2016, registered for offences punishable under Sections 452 and 354 of the Indian Penal Code and Section 7/8 of the POCSO Act.

Allegation against the petitioner that he tried to outrage the modesty of the daughter of the informant. It has been submitted on behalf of the petitioner that he has falsely been implicated in this case. Though it is alleged that he was arrested from the house of the informant however, witnesses during the course of investigation has stated that he was arrested from his house, which itself shows the falsity of prosecution case. Further no evidence has been brought on record, showing that the girl was minor, however, POCSO Act, has been

Patna High Court Cr.Misc. No.23906 of 2017 (3) dt.05-07-2017 2/3 added to make the offence graver. Petitioner has been in judicial custody since 03.12.2016.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facats, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -1st , Jehanabad in connection with Arwal P.S. Case No. 219 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the

Patna High Court Cr.Misc. No.23906 of 2017 (3) dt.05-07-2017 3/3 prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T