Barsatu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67506 of 2019 Arising Out of PS. Case No.-171 Year-2019 Thana- BAHADURGANJ District- Kishanganj ====================================================== BARSATU Son of Lajim Resident of Village - Bamantoli @ Babhantoli, Desiatoli, P.S.- Bahadurganj, Dist.- Kishanganj, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Giri For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 15-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 341, 323, 307, 354, 379, 506, 302 and 34 of the Indian Penal Code and Section 8 of the POCSO Act.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the alleged occurrence took place on 07.06.2019 whereas the F.I.R. has been filed on 12.06.2019 after lapse of five days without explaining the plausible delay which creates doubt over the prosecution version. Moreover, the petitioner has

Patna High Court CR. MISC. No.67506 of 2019(2) dt.15-11-2019 2/2 not been named in the F.I.R and he is rotting in custody since 06.07.2019.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge-1st -cum- Special Judge at Kishanganj District- Kishanganj in connection with Bahadurganj P.S. Case No. 171 of 2019.

(Arvind Srivastava, J) brajesh/- U T