Patna High CourtCR. MISC./9368/2018bail granted

Pintu Kumar @ Pintu Roy v. The State Of Bihar

2018-03-28Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9368 of 2018 Arising Out of PS.Case No. -502 Year- 2017 Thana -BAKHTIYARPUR District- PATNA ======================================================

1. Pintu Kumar @ Pintu Roy, Son of Rajdeo Roy, Resident of VillageDadaur, P.S. Bakhtiyarpur, District-Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Kashyap, Adv. For the Opposite Party/s : Mr. Sir Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 354(A), 341, 323, 379, 34 of the Indian Penal Code and 12 POCSO Act. Petitioner is in custody since 29.11.2017.

Investigation of the case is already complete. Allegation is that alongwith co-accused, the petitioner entered into the house of the informant and caught to the daughters of the informant with some illicit purpose. When informant alarmed, she was assaulted and theft was committed in the house.

Submission of the learned counsel for the petitioner is that for flowing some drain water in front of the

Patna High Court Cr.Misc. No.9368 of 2018 (3) dt.28-03-2018 house of the petitioner, an occurrence of abuse and assault had taken place which would be evident from the perusal of paragraph-52 of the case diary and for that reason, false implication is there.

Considering the nature of allegation and the period already undergone by the petitioner as well as completion of investigation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Special (POCSO) Case No.165 of 2017, arising out of Bakhtiyarpur Police Station Case No.502 of 2017, subject to the condition that the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T