Patna High CourtCR. MISC./60035/2017bail granted

Vinay Kumar v. The State Of Bihar

2017-12-22Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60035 of 2017 Arising Out of PS.Case No. -246 Year- 2017 Thana -BARH District- PATNA ======================================================

1. Vinay Kumar S/o Ram Jatan Yadav, R/o Village- Mokimpur, P.S.- Barh, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmendra Kumar For the Opposite Party/s : Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-12-2017 Heard the learned counsels for the petitioner and the State.

The petitioner seeks bail in connection with Special (POCSO) Case No. 128 of 2017 arising out of Barh P.S. Case No. 246 of 2017 dated 23.08.2017 instituted for the offences under Sections 376/511 of the Indian Penal Code, and under Section 11 of Prevention of Children from Sexual offences Act, 2012. The petitioner is said to have made an attempt to sexually assault the daughter of the informant. Learned counsel for the petitioner has drawn attention of this court to the fact that the petitioner is physically challenged and is suffering from 50% disability. The certificate of disability and medical prescription as well as the test report of the

Patna High Court Cr.Misc. No.60035 of 2017 (3) dt.22-12-2017 2/2 petitioner have been annexed with this petition. It has been submitted on behalf of the petitioner that the informant and the petitioner are agnates and there is a long standing land dispute between them. A certificate has also been shown to this court which has been issued by the Sarpanch and Mukhiaya which acknowledges the fact that the petitioner is seriously physically challenged.

The petitioner is in custody since 25.08.2017. In the facts and circumstances, the petitioner above named is directed to be released on bail on his furnishing bail bond in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, 1st Patna, in connection with Barh P.S. Case No. 246 of 2017.

(Ashutosh Kumar, J) siddharth/- U T