Chhotu Pandit @ Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47314 of 2018 Arising Out of PS.Case No. -301 Year- 2016 Thana -MALSALAMI District- PATNA ====================================================== Chhotu Pandit @ Suraj Kumar, son of Umesh Giri, a resident of MohallaPurbi Nand Gola, Police Station- Malsalami, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Mouar, Advocate. For the Opposite Party/s : Mr. Nand Kishore Pd., A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-08-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Special (POCSO) Case No. 176 of 2016 arising out of Malsalami P.S. Case No. 301 of 2016 instituted for the offence under Sections 354, 509/34 of the Indian Penal Code and Section 8 of POCSO Act.

Counsel for the petitioner submits that in the written report there is general and omnibus allegation that on the date of occurrence while the daughter of informant Pooja Kumari aged about 14 years was going towards Bhathi Par to attend computer class along with her friend Pushpa Kumari, petitioner along with Rohit Kumar used indecent language. The daughter of the informant was caught hold by the petitioner. She came to her house and narrated facts to the informant. It has further been submitted that petitioner and informant are neighbours. On the point of construction of a lane, hot discussion

Patna High Court Cr.Misc. No.47314 of 2018 (2) dt.29-08-2018 2/2 had taken place in presence of several Mohalla people and at that time, the informant gave threat to the informant to teach lesson to him. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Special (POCSO) Case No. 176 of 2016 arising out of Malsalami P.S. Case No. 301 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Patna, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

(3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T