Uday Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54852 of 2018 Arising Out of PS. Case No.-244 Year-2018 Thana- GAURICHAK District- Patna ====================================================== Uday Bind S/o Mohan Bind, R/o Vill.- Beldari Chak, P.S.- Gauri Chak, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rekha Prasad For the Opposite Party/s :

Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-11-2018 Heard the parties.

The petitioner seeks regular bail in connection with Gauri Chak P.S.case No.244 of 2018 registered for offences punishable under Sections 448 and 354(A) of the Indian Penal Code and Section 8 of the POCSO Act.

The petitioner entered into the house of the informant and pressed her mouth and when she tried to raise hulla, he threatened and on hull other peoples assembled there and thereafter the petitioner fled away. It is also alleged that the petitioner used to misbehave with her.

Submission of the learned counsel for the petitioner is that he is a neighbour and there is dispute between the parties so he has been falsely implicated in this case. Now he has remained in custody for more than three months and the charge

Patna High Court Cr.Misc. No.54852 of 2018(4) dt.22-11-2018 2/2 sheet has also been submitted.

Heard learned A.P.P. also.

Having heard both sides and in view of the fact that the charge sheet has already been submitted, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additonal Dsitrict & Sessions Jduge 1st cum Special Judge, POCSO, Patna in connection with Gauri Chak P.S.Case No.244 of 2018.. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed.

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