Bhola Kumar @ Vikki Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73792 of 2019 Arising Out of PS. Case No.-304 Year-2019 Thana- MAHNAR District- Vaishali ====================================================== Bhola Kumar @ Vikki Kumar, Son of Shatrughan Ray, Resident of VillageDeshrajpur, P.S.-Mahnar, District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shaishav Kumar For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-03-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Mahnar P.S. Case No. 304 of 2019, registered under Sections 363, 365 and 354/34 of the Indian Penal Code and Sections 08, 12 and 17 of the POCSO Act.

The accusation is that in course of returning from the market, informant was being teased by five persons named in the FIR including the petitioner but she did not speak against them due to fear. On 20.08.2019, informant, aged about 16 years, again coming from the market with her sister then in the way, they again started to tease her and her sister. In that course, Bhola Kumar @ Vikki Kumar (petitioner) and Dhiraj Kumar

Patna High Court CR. MISC. No.73792 of 2019(3) dt.16-03-2020 2/2 caught hold the hands of her sister and started to take her covering her face by Gamcha. On raising alarm, neighbourers reached there then they set free her sister and fled away. Learned counsel for the petitioner submits that petitioner and the informant are co-villager and due to family dispute at the instance of family members, informant lodged the present case with false allegation. It is further submitted that petitioner has no criminal antecedent and is in custody since 21.08.2019.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I-cumSpecial Judge, Vaishali at Hajipur, in connection with Mahnar P.S. Case No. 304 of 2019. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T