Govind Malakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70633 of 2019 Arising Out of PS. Case No.-117 Year-2019 Thana- MAHISHI District- Saharsa ====================================================== GOVIND MALAKAR Son of Arvind Malakar Resident of Village - Virgaon, P.S.- Mahishi (Jalai), Distt.- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Prasad Singh For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-12-2019 Heard both sides.

The petitioner apprehends his arrest in Special (POCSO) case No. 28/2019 corresponding to Mahishi P.S. case No.117/2019 registered under Section 366A/34 of the IPC and u/s 4 of POCSO Act.

The informant alleged that Navin Paswan enticed away his minor daughter. The petitioner was driving the tractor of the informant and he used to facilitate in talking of Navin Paswan with the daughter of the informant. It is alleged that petitioner also facilitated in enticing of his daughter. The learned counsel for the petitioner submits that save and except the fact that petitioner used to hand over mobile to the daughter of informant whenever he received call from Navin Paswan there is no material against the petitioner. The

Patna High Court CR. MISC. No.70633 of 2019(2) dt.18-12-2019 2/2 informant himself alleged that on earlier occasion also Navin Paswan kidnapped his daughter. The victim was having love affairs with Navin Paswan and she fled away with Navin Paswan. The petitioner has no manner of concern. Considering the facts aforesaid and nature of allegation made against the petitioner, the petitioner, above named, in the event of his arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cumSpecial Judge, Saharsa in connection with Special (POCSO) case No. 28/2019 corresponding to Mahishi P.S. case No.117/2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T