Kamlesh Bind And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53430 of 2017 Arising Out of PS.Case No. -63 Year- 2017 Thana -MAHILA PS District- JEHANABAD ======================================================
1. Kamlesh Bind Son of Sarbi Bind
2. Vikky Ram Son of Kameshwar Ram @ Kameshar Ram@ Kamlu Ram Both are the Resident of Village- Dhangawan, P.S. & District Jehanabad. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Paras Nath For the Opposite Party/s : Mr. Sri Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-11-2017 Heard the parties.
This application is for grant of regular bail in connection with POCSO Case No.34 of 2017 arising out of Jehanabad Mahila P.S.Case No.63 of 2017 for the offences punishable under Sections 341, 342, 354A, 506/34 of the Indian Penal Code and Section 8 of Prevention of Children from Sexual Offence (POCSO).
Allegation against the petitioners is that they lifted the informant in his lap and took her away with an intention to commit wrong with her but as the informant fell down and fled away from the place of occurrence.
Submission of the learned counsel for the petitioners is the petitioners are uncle of the informant and they have been
Patna High Court Cr.Misc. No.53430 of 2017 (3) dt.21-11-2017 2/2 falsely implicated in this case due to dispute between the parties. Now they have settled the dispute outside the court. It has also been submitted that they are in custody since 31.8.2017 Heard learned A.P.P. also.
Having heard both sides and in view of facts and circumstances, at this stage, I am not inclined to grant bail to the petitioners, however, once the charge is framed against the petitioners the learned trial court shall release the petitioners on bail to his own satisfaction on filing an undertaking that they will co-operate in disposal of the trial and will appear on each and every date except showing genuine reason.
With the aforesaid observation, this application is disposed of.
(Vinod Kumar Sinha, J) chn/- U T