Banti Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19896 of 2017 Arising Out of PS.Case No. -175 Year- 2016 Thana -GURUA District- GAYA ====================================================== Banti Kumar, S/o Aditya Singh @ Adis Singh, resident of villageSakalbigha, P.S.- Gurua, District- Gaya. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sri Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks bail in Gurua P.S. Case No. 175 of 2016 instituted for the offence under Section(s) 376/511 of the Indian Penal Code and Section 8/12 of the Protection of Children From Sexual Offences Act. It has been submitted on behalf of the petitioner that petitioner is in custody since 27.12.2016. As per allegation, this petitioner attempted to commit rape with the informant.

It has further been submitted that occurrence is said to have taken place while the informant had gone for call of nature but there is no any eye witness to the occurrence besides

Patna High Court Cr.Misc. No.19896 of 2017 (2) dt.04-05-2017 2/2 the informant.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the Petitioner, above named, 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 Additional Sessions Judge-1stcum-Special Judge(POCSO Act), Gaya in connection with Gurua P.S. Case No. 175 of 2016(POCSO Case No. 60 of 2016), subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) Shageer/- U T