Abhimanyu Mistri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70032 of 2019 Arising Out of PS. Case No.-124 Year-2018 Thana- NAUHATTA District- Saharsa ====================================================== ABHIMANYU MISTRI Son of Late Arjun Mistri Resident of Village - Nauhatta, P.S.- Nauhatta, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Randhir Kumar No.1 For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 376, 511, 354(B) of the Indian Penal Code and Sections 8/12 of POCSO Act.

Allegation is that the petitioner committed rape upon the victim.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 3.8.2018 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Due to petty reason the alleged occurrence is said to have taken place. The matter has already been settled

Patna High Court CR. MISC. No.70032 of 2019(2) dt.19-11-2019 2/2 vide Annexure 3 to the present application. A petition has been filed in the court below, where the informant has retracted from the statement made in the F.I.R.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 1st-cum-Special Judge, Saharsa in connection with POCSO case No.31 of 2018 arising out of Nouhatta P.S. case No.124 of 2018.

(Sudhir Singh, J) Narendra/- U T