Chandra Shekhar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2983 of 2020 Arising Out of PS. Case No.-284 Year-2019 Thana- AAJAM NAGAR District- Katihar ====================================================== CHANDRA SHEKHAR SHARMA Son of Bhagwat Sharma Resident of Village - Daniha @ Dahania, P.S.- Azam Nagar, Distt - Katihar. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in this case is seeking regular bail in connection with Azam Nagar P.S. Case No. 284 of 2019 registered for the offences punishable under Section 354(B) of the Indian Penal Code and Section 8 of POCSO Act. Learned counsel for the petitioner submits that the petitioner has been implicated in this case falsely after an altercation took place when the daughter of the informant brought the she-goat in the field of the petitioner where paddy crop of the petitioner was destroyed and the petitioner forbade the daughter of the informant. It is submitted that both the parties are co-villagers and the petitioner is in custody since 31.10.2019 having no criminal antecedent.

Learned APP for the State has opposed the prayer of

Patna High Court CR. MISC. No.2983 of 2020(2) dt.18-01-2020 2/3 regular bail of the petitioner.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that the informant's daughter had destroyed the paddy crop of the petitioner by bringing her she-goat in the field of the petitioner and when the petitioner forbade the daughter of the informant not to do that and when an altercation took place and because of that the false allegation has been made against the petitioner, both the parties are co-villager and the petitioner has remained in custody since 31.10.2019 having no criminal antecedent, let the petitioner above named be released on bail in connection with Azam Nagar P.S. Case No. 284 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Katihar, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly

Patna High Court CR. MISC. No.2983 of 2020(2) dt.18-01-2020 3/3 make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) avin/- U T