Patna High CourtCR. MISC./59211/2019bail granted

Girdhari Kumar v. The State Of Bihar

2019-09-25Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59211 of 2019 Arising Out of PS. Case No.-247 Year-2019 Thana- MURLIGANJ District- Madhepura ====================================================== GIRDHARI KUMAR Son of Lakshman Yadav Resident of Village - Pokhram, Morkahi, P.S.- Murliganj, District - Madhepura ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Dhirendra Pratap Singh For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 8 of POCSO Act.

The prosecution case in short is that the accused persons tried to outrage the modesty of the informant. It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.7.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. The petitioner has been made accused due to mistake of fact. A petition has been filed on behalf of the informant in the Court below where he has

Patna High Court CR. MISC. No.59211 of 2019(2) dt.25-09-2019 2/2 retracted from his earlier statement made in the F.I.R. The same is Annexure-2 to the present application.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R..

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Madhepura in connection with POCSO Case No. 34/2019 arising out of Murliganj P.S. Case No. 247/19. (Sudhir Singh, J) Pankaj/- U T