Bhola Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37704 of 2018 Arising Out of PS. Case No.-122 Year-2018 Thana- MOKAMAH District- Patna ====================================================== Bhola Kumar, son of Anand Singh, Resident of Village- Mahendrapur, P.S.- Hathidah, Dsitrict- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Kumar For the Opposite Party/s :

Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Spl. Case No. 93 of 2018 (arising out of Mokama P.S. Case No. 122 of 2018 registered for the offence punishable under Sections 354(D)/34 of the Indian Penal Code and Section 4/6 POCSO Act.

Informant is the father of victim, who in his written complaint has alleged that his daughter used to attend Bhardwaj classes daily and petitioners used to tease her. On 17.05.2018 they reached his house on a blue colour Apache motorcycle without registration number and on 18.05.2018 Bhola Kumar (petitioner) and Gaurav Kumar came on a Pulsor

Patna High Court Cr.Misc. No.37704 of 2018(3) dt.06-09-2018 2/2 motorcycle without registration Number and started teasing her daughter, then they caught and handed over to the Mokama police.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. similarly placed co-accused Gaurav Kumar has been granted regular bail by a co-ordinate Bench of this Court vide order dated 19.07.2018 passed in Cr. Misc. No. 42758 of 2018. Petitioner is in custody since 19.05.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addtional District & Sessions Judge-I-cum-Spl. Judge POCSO, Patna, in connection with Spl. Case No. 93 of 2018 (arising out of Mokama P.S. Case No. 122 of 2018. (S. Kumar, J) veena/- U T