Kailash Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58327 of 2015 Arising Out of PS.Case No. -194 Year- 2015 Thana -KORHA District- KATIHAR ====================================================== Kailash Rai, Son of Basant Rai, Resident of Village- Mahinathpur, P.S.- Korha, District -Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Jha, Advocate For the Opposite Party/s : Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 25-01-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Korha P.S. Case No.194 of 2015 for allegedly having committed the offence under Section 354 of the Indian Penal Code and Section 10 of the POCSO Act.

Learned counsel for the petitioner submits that the petitioner and the informant are next door neighbours and it is on account of the fact that a complaint case had been filed by the present petitioner, bearing Complaint Case No.2794 of 2015, against the informant and his family members, that the present has been filed, which is nothing but in retaliation of the same. He further submits that the petitioner has no criminal

Patna High Court Cr.Misc. No.58327 of 2015 (2) dt.25-01-2016 2/2 antecedents and is a respectable person of the locality. Considering the nature of allegations made and that the petitioner has got no criminal antecedents, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of `10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Katihar, in connection with Korha P.S. Case No.194 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) PNM U T