Rupesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62125 of 2019 Arising Out of PS. Case No.-278 Year-2018 Thana- BAIRIYA District- West Champaran ====================================================== Rupesh Das Son of Mahendra Das Resident of Village - Ahwar Sheikh, P.S. - Majhaulia, Distt - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Bairiya P.S. Case No. 278 of 2018, registered for offence punishable under Sections 363, 366(a) and 379 of the Indian Penal Code and Section 4 of the POCSO Act.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Further submission is that the petitioner is not named in the FIR. It appears from the FIR itself, that the victim girl herself taken away gold jewellary and Rs. 10,000/-. He further submits that the name of the petitioner has come for the first time in the statement recorded under Section 164 Cr.P.C without levelling any specific allegation. The

Patna High Court CR. MISC. No.62125 of 2019(3) dt.21-11-2019 2/2 petitioner has no criminal antecedent and he is in custody since 22.07.2019.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the above-named petitioner 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 the learned 1st Additional District & Sessions Judge-cum-Special Judge (SC/ST/POCSO), Bettiah, West Champaran in connection with Bairiya P.S. Case No. 278 of 2018.

(Arvind Srivastava, J) S.Katyayan/- U T