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Patna High CourtCR. MISC./66811/2019bail granted

Tinku Kumar v. The State Of Bihar

2020-03-04Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66811 of 2019 Arising Out of PS. Case No.-307 Year-2018 Thana- NARHATT District- Nawada ====================================================== Tinku Kumar Son of Late Birendra Sao @ Birendra Prasad Kasera, Resident of Village - Chandni Chauk, Narhat, P.S.- Narhat, Dist.- Nawadah. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 341, 342, 376D/34 of the Indian Penal Code, 4 of POCSO Act and 66 and 67(C) of I.T. Act. The prosecution case in short is that on the pretext of showing the godown the accused persons established physical relation with the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.5.2019 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 medical examination report

Patna High Court CR. MISC. No.66811 of 2019(3) dt.04-03-2020 2/2 does not support the allegation of commission of rape. Other coaccused has been granted bail vide Annexure-3 series to this 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 learned 1st Additional Sessions Judge, Nawadah in connection with Special (POCSO) Case No. 73 of 2018 arising out of Narhat P.S. Case No. 307 of 2018.

(Sudhir Singh, J) Pankaj/- U T