Arbind Sah @ Arbind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11675 of 2015 Arising Out of PS.Case No. -25 Year- 2013 Thana -JAMOBAZAR District- SIWAN ====================================================== Arbind Sah @ Arbind S/o Dina Sah @ Dina Nath Sah Resident of Bhadurpur P.S. Jamo Bazar Dist - Siwan.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mrs. Madhuri Lata, AOR No. 03490 For the Opposite Party/s : Mr. Rajendra Prasad Nat,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 29-06-2015 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 20.03.2013 in connection with Jamo Bazar P.S. Case No. 25 of 2013, POCSO Trial No. 28 of 2015 for the alleged offences under Sections 363, 373, 376, 511 IPC and Sections 4 and 18 of the POCSO Act.

3. It is submitted that the petitioner has been falsely implicated only on the basis of Timal Sah and Pintu Sah had seen the petitioner carrying away the informant's minor daughter who however, themselves have reciled from their stand in course of their deposition before the Court and as such the very foundation for the accusation against the petitioner is falsified. The petitioner claims clean antecedents.

Patna High Court Cr.Misc. No.11675 of 2015 (3) dt.29-06-2015

4. It is further submitted that the accusation relating to attempt to rape under the POCSO Act has been later added and in fact no rape was committed as evident from the medical report of the so-called victim girl.

5. Having regard to the entirety of the facts and circumstances, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned A.D.J.I-cum-Special Judge, POCSO Act, Siwan in connection with Jamo Bazar P.S. Case No. 25 of 2013, POCSO Trial No. 28 of 2015 with the condition that the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran U T