Dilip Kumar vs The State Of Bihar on 21 November, 2017

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52838 of 2017
Arising Out of PS.Case No. -94 Year- 2016 Thana -BAIKUNTHPUR District- GOPALGANJ

Dilip Kumar, son of Mankeshwar Raut, resident of village – Bakhari, P.S. –
Baikunthpur, District – Gopalganj.

…. …. Petitioner
Versus
The State of Bihar.

…. …. Opposite Party

Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Dubey
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur

CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
ORAL ORDER

2 21-11-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with

Baikunthpur P.S.Case No. 94 of 2016 registered for the offences

punishable under Sections 354B, 376, 511 of the Indian Penal

Code and 4, 5, 9 18 of POCSO Act.

Allegation against the petitioner is of attempting to

commit rape upon the informant and the case is also under the

POCSO Act.

Submission of learned counsel for the petitioner is that no

case under Sections 376/511 IPC is made out and at best it is a

case under Section 354 IPC against the petitioner and he is in

custody for about four months and he is a college student.

Heard learned APP also, who has opposed the prayer for
Patna High Court Cr.M isc. No.52838 of 2017 (2) dt.21-11-2017

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bail.

Having heard both sides and considering the facts and

circumstances of the case, I am not inclined to grant bail to the

petitioner.

However, once charge has been framed in this case,

learned trial court will release the petitioner on bail to its own

satisfaction with an undertaking that petitioner will co-operate in

trial and appear on each and every date, except showing any

genuine reason.

With the above observation, this application is disposed

of.

(Vinod Kumar Sinha, J)
spal/-

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