Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33269 of 2017 Arising Out of PS.Case No. -153 Year- 2017 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Rakesh Kumar, S/o Anutha Ray, Vill.- Sisawa Basant, P.S.- Chakia, Dist.- East Champaran, Motihari.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sharda Nand Mishra For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2017 The petitioner seeks regular bail in connection with Chakia P.S. Case No. 153 of 2017, registered for offences punishable under Sections 447, 354(B) of Indian Penal Code and Section 8/10 of POCSO Act.

Prosecution case in short is that petitioner used to tease the minor daughter of the informant for last four months and on protest, petitioner threatened him for dire consequences and due to which the daughter of the informant is unable to attend her school. It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and no such occurrence has ever taken place. Further petitioner has no criminal antecedent and has been in judicial custody since 10.06.2017. Heard learned A.P.P. also.

Having heard both sides, in view of the facts as stated above, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge - cum - Special Judge, POCSO Act, Motihari in connection with Chakia P.S. Case No. 153 of 2017, 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 prosecution will be free to move for cancellation of his bail bonds.

It is also made clear that if the petitioner again found

misbehaving or harrassing the daughter of the informant or make any threat to the family members as well as the daughter of the informant, prosecution will be free to move for cancellation of bail bonds of the petitioner.

The above direction must be complied strictly. (Vinod Kumar Sinha, J) sunil/- U T