Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40483 of 2018 Arising Out of PS. Case No.-110 Year-2018 Thana- PALIGANJ District- Patna ====================================================== Bittu Kumar, S/o Awadhesh Paswan, R/v- Bayapur, P.S.- Maner, Distt- Patna at Present resident of Village- Fatehpur, P.S.- Paliganj, Distt- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Vijay Kumar Sinha For the Opposite Party/s :

Mr. Sri Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection with Special (POCSO) Case No. 61 of 2018 arising out of Paliganj P.S. Case No. 110 of 2018 registered for the offence punishable under Sections 376 and 511 of the Indian Penal Code and Section 8/10 of the POCSO Act.

Allegation against the petitioner is of attempt to commit rape on the daughter of the informant. It has been submitted on behalf of the petitioner that petitioner has got no criminal antecedent and resides in the neighbourhood of the Informant and has been falsely implicated in this case due to village politics. Petitioner is in custody since 21.05.2018.

Patna High Court Cr.Misc. No.40483 of 2018(4) dt.19-09-2018 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I-cum-Special Judge, POCSO, Patna in connection with Special (POCSO) Case No. 61 of 2018 arising out of Paliganj P.S. Case No. 110 of 2018,with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(3) If the 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.

(S. Kumar, J) ranjan/- U