Adarsh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76782 of 2019 Arising Out of PS. Case No.-45 Year-2018 Thana- PALIGANJ District- Patna ====================================================== ADARSH KUMAR Son of Bumbum Upadhayay @ Amrendra Upadhyay Resident of Village- Ranipur, P.S.- Paliganj, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deovind Kumar Singh For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 354(A), 504/34 of the Indian Penal Code and 8/12 of POCSO Act.

Allegation is that the accused persons committed misdeeds with the daughter of the informant.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired in the present case on the disclosure made by co-accused. Except for this, there is no other substantive evidence to suggest his implication in this case. The petitioner has been made accused

Patna High Court CR. MISC. No.76782 of 2019(2) dt.27-11-2019 2/2 due to mistake of fact.

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, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory 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 District and Sessions Judge 1st-cum-Special Judge, POCSO, Patna in connection with Special case No.27A of 2018 arising out of Paliganj P.S. case No.45 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T