Kishundeo Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45357 of 2018 Arising Out of PS.Case No. -103 Year- 2018 Thana -AURAI District- MUZAFFARPUR ======================================================

1. Kishundeo Das S/o Late Mangal Das, R/o Vill.- Rajkhand, P.S.- Aurai, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Singh For the Opposite Party/s : Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-09-2018 The petitioner seeks regular bail in connection with Aurai P.S. Case No. 103 of 2018, registered for offences punishable under Sections 354(B)/34 of Indian Penal Code and Section 8/12 of the POCSO Act.

Allegation against the petitioner is of disrobing the informant, who is minor and trying to commit rape upon her. It has been submitted on behalf of the petitioner that he has falsely been made accused in this case and no such occurrence has ever taken place. It has also been submitted that the petitioner has no criminal antecedent and has been in judicial custody since 07.06.2018 Learned counsel for the State opposed the prayer for bail and submitted that the witnesses during the course of investigation

Patna High Court Cr.Misc. No.45357 of 2018 (3) dt.07-09-2018 2/2 has stated that the petitioner is habitual of doing these acts and the present case is under POCSO Act.

Having heard both sides, considering the fact and circumstances of the case at this stage, I am not inclined to release the petitioner on bail rather this application is disposed of with direction to the court below to release the petitioner on bail once charge is framed in this case.

(Vinod Kumar Sinha, J) sunil/- U T