Domu Sah @ Ramjee Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26547 of 2015 Arising Out of PS.Case No. -58 Year- 2014 Thana -KALUAHI District- MADHUBANI ======================================================

1. Domu Sah @ Ramjee Sah, son of Late Prasadi Sah, resident of VillageNarar (Goth Tolle), P.S.- Kaluahi, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s : Mr. Binod Kumar- Ii(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-07-2015 Heard learned counsel for the petitioner and the State.

Petitioner is languishing in custody since 22.05.2014 in a case registered for the offences punishable under Sections 376/ 511 of the Indian Penal Code and 7 of The Protection of Children from the Sexual Offences Act. It is alleged that petitioner made attempt to established forceful physical relationship with the grand daughter of the informant.

It is submitted by the learned counsel for the petitioner that medical report does not corroborate the accusation. Moreover, the informant and victim girl hence not supported the accusation against the petitioner in their evidence during trial. Their evidence has been brought on record as Annexure-3 series. Statement has been made in para-3 of the petition that

Patna High Court Cr.Misc. No.26547 of 2015 (2) dt.27-07-2015 petitioner has no criminal antecedent. Petitioner is about 65 years old.

Considering the fact that neither the informant nor the victim has supported the accusation against the petitioner and there was some land dispute between the parties, let the above named petitioner, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Ist A.D.J., Madhubani in connection with Kaluahi P.S. Case No. 58 of 2014.

The learned court below will be at liberty to cancel the bail bonds of the petitioner, in two eventualities i.e. if the petitioner defaults for two consecutive occasions or gets substantially involved in some serious nature of offence. (Dinesh Kumar Singh, J) P.K./- U T