Patna High CourtCR. MISC./4570/2020allowed

Md. Nikahil @ Md. Nikhil @ Kaisher v. The State Of Bihar

2020-07-02Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4570 of 2020 Arising Out of PS. Case No.-102 Year-2017 Thana- MAHILA P.S. District- Madhubani ====================================================== MD. NIKAHIL @ MD. NIKHIL @ KAISHER S/o Md. Jindish @ Jinis Miya R/o village- Bhola Itharba, P.S.- Harlakhi, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 02-07-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Mahila P.S. Case No. 102 of 2017 for the offence registered under Sections 376/34 of the Indian Penal Code and Section 4 of the POCSO Act.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in connection with the present case. It is further submitted that the present case has been lodged after lapse of three months of the alleged occurrence. It is further submitted that there is no medical report in this case and the petitioner has no criminal antecedent. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of his

Patna High Court CR. MISC. No.4570 of 2020(3) dt.02-07-2020 2/2 arrest/surrender before the learned court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, POCSO Act, Madhubani in connection with Mahila P.S. Case No. 102 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) Jagdish/- U T