Patna High CourtCR. MISC./73331/2019disposed

Nandlal Bind @ Nandlal Choudhari v. The State Of Bihar

2019-11-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73331 of 2019 Arising Out of PS. Case No.-236 Year-2019 Thana- SIMRI District- Buxar ====================================================== 1.

NANDLAL BIND @ NANDLAL CHOUDHARI S/o Late Vidyarthi Bind R/o village- Chakani-Khaira, P.S.- Simari, District- Buxar 2.

Jairam Bind @ Jairam Choudhary @ T.T. Bind S/o Late Vidyarthi Bind R/o village- Chakani-Khaira, P.S.- Simari, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rang Nath Choubey For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-11-2019 Heard learned counsel for the parties.

Petitioners are apprehending their arrest in connection with Simari PS Case no.236/19 , registered for offences punishable under Sections 448, 354, 354(B), 506, 509/34 of the Indian Penal Code and Section 9 of the POCSO Act.. As per FIR, petitioner no.1 has climbed over the top roof of the informant and tried to outrage the modesty of the minor girl of the informant and further alleged that the petitioner no.2 as tried to hush up the matter.

Submission of the learned counsel for the petitioners is that no case is made out against the petitioner especially the petitioner no.2 and they are neighbour as well as they have

Patna High Court CR. MISC. No.73331 of 2019(2) dt.20-11-2019 2/2 been falsely implicated in this case.

Heard learned A.P.P. also.

Having heard both sides and as the girl is minor, I am not inclined to grant bail tot he petitioner no.1, above named. So far petitioner no.2, above named, is concerned, in the event of arrest or surrender before the learned court below he shall be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge Ist cum Special Judge, Buxar in connection with Simari P.S.Case No.236 of 2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. With the above direction, this application is disposed of.

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