Ishwar Dayal Singh @ Sadhu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4532 of 2022 Arising Out of PS. Case No.-55 Year-2021 Thana- MAHILA PS District- Buxar ====================================================== Ishwar Dayal Singh @ Sadhu S/o- LATE RAMCHHAPIT SINGH Resident of Village- Dharahara, P.S.- Krishan Braham, District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shankar Kumar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, App ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 06-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Buxar (Mahila) P.S. Case No. 55 of 2021 instituted for the offences under Sections 365, 366, 367, 368, 370, 342, 376(D) and 34 of the Indian Penal Code read with Section 4 and 6 of the POCSO Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 08.11.2021, charge-sheet has been submitted in the case and has antecedent of one case. Learned counsel for the petitioner submits that a detailed Fardbeyan was lodged against the nine persons. Thereafter, statement of the victim girl has been recorded under Section 164 of Cr.P.C. In the statement by the victim girl before the Court, specific allegation has been made against Rahul, Rohit and Mikku. There is no allegation against the petitioner in

Patna High Court CR. MISC. No.4532 of 2022(2) dt.06-06-2022 2/2 the statement of the victim. Learned counsel for the petitioner submits that the petitioner is proprietor of the Great Sadhu Theater (Art Musical Company) and one Anita, who is a dancer, use to participate in the musical programme and due to that the petitioner and Anita know each other. The petitioner has nothing to do with the alleged victim girl and has not committed any offence as alleged by the prosecution.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 08.11.2021 and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-VIcum-Spl. Judge POCSO, Act, Buxar in connection with Buxar (Mahila) P.S. Case No. 55 of 2021.

(Khatim Reza, J) Gaurav Kumar/- U T