Patna High CourtCR. MISC./44594/2018bail granted

Nagendra Bharti v. The State Of Bihar

2018-08-10Justice Smt. Anjana Mishra2 pages

Patna High Court Cr.Misc. No.44594 of 2018 (2) dt.10-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44594 of 2018 Arising Out of PS.Case No. -11 Year- 2018 Thana -IMAMGANJ District- GAYA ======================================================

1. Nagendra Bharti Son of Karam Bharti alias Karan Bharti resident of Barhi Khap, P.S. - Imamganj, District - Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nand Kishore Prasad Sinha For the Opposite Party/s : Mr. Sri Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 07.03.2018 in connection with POCSo Case No. 23 of 2018 arising out of Imamganj P.S. Case No. 11 of 2018 for the offence registered under Sections 376 (2g)/34 of the Indian Penal Code. Learned counsel for the petitioner submits that though the petitioner has been named in the first information report, subsequently, the statement made before the Magistrate under Section 164 Cr.P.C. the victim girl has not taken the name of the present petitioner. It is further submitted the age of the victim girl has now been assessed as 17 and 1⁄2 years and, therefore, would not attract the provision of the POCSO Act. He, thus, submits that the

Patna High Court Cr.Misc. No.44594 of 2018 (2) dt.10-08-2018 petitioner may be extended the privilege of bail. Considering the aforesaid facts and circumstances of the case and that the petitioner has no criminal antecedent, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional District Judge 1stcum-Special Judge (POCSO Act), Gaya in connection with POCSO Case No. 23 of 2018 arising out of Imamganj P.S. Case No. 11 of 2018.

(Anjana Mishra, J) Jagdish/- U T