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Patna High Court - Orders

Sanjay Ojha vs State Of Bihar & Anr on 19 July, 2018

Author: Vinod Kumar Sinha

Bench: Vinod Kumar Sinha

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.41804 of 2018
                         Arising Out of PS.Case No. -80 Year- 2018 Thana -EKM A District- SARAN
                 ======================================================
                 Sanjay Ojha, S/o Sukeshwar Ojha, resident of Vill.- Devadhiya, P.S.-
                 Ekma, Dist.- Saran.

                                                                                  .... ....   Petitioner
                                                       Versus
                 1. The State of Bihar.
                 2. Nitu Kumari, D/o Banmali Ojha, resident of Vill.- Devadhiya, P.S.-
                 Ekma, Dist.- Saran.

                                                                .... .... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     : Mr. Sangeet Deokuliar
                 For the Opposite Party/s  : Mr. Rajendra Prasad Nat
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
                 ORAL ORDER

2   19-07-2018

Heard learned counsel for the petitioner.

Petitioner apprehends his arrest in connection with Ekma (Derni) P.S.Case No. 80 of 2018 registered for the offences punishable under Sections 341, 342, 323, 376G/34 of the Indian Penal Code and Section 4 of POCSO Act.

Allegation is of committing rape upon the informant, who is minor, by the accused persons and when father of informant tried to catch the accused persons, namely, Dhirendra Ojha and Sonu Tiwari, the petitioner assaulted them.

Submission of learned counsel for the petitioner is that petitioner has falsely been implicated in this case and he has committed nothing.

Patna High Court Cr.M isc. No.41804 of 2018 (2) dt.19-07-2018

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Heard learned APP also.

Having heard both sides and in the facts and circumstances, let the petitioner, named above, in the event of his arrest or surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge-cum-Special Judge, Saran at Chhapra, in connection with Ekma Derni P.S.Case No. 80 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. and further condition is that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned.

(Vinod Kumar Sinha, J) spal/-

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