Arjun Ram v. The State Of Bihar

Patna High Court Cr.Misc. No.18836 of 2016 (3) dt.26-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18836 of 2016 Arising Out of PS.Case No. -4 Year- 2016 Thana -MAHILA P.S. District- PATNA ====================================================== Arjun Ram S/o Bisnath Ram Resident of Anta Ghat Pani Tanki, P.S. Pirbahore, District - Patna .... .... Petitioner

Versus

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

For the Petitioner : Mr. Gopal Krishna, Advocate For the Opposite Party : Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is in custody since 31.01.2016 in connection with Mahila P.S.Case No.04 of 2016 registered for the offence under Sections 354(B) of the IPC and Section 8 of the POCSO Act.

As per the prosecution case, it is alleged by the informant that on 31.01.2016 at about 6 P.M. she had gone to the house of her aunt for bringing some cloth and when she was returning to house, the petitioner who is rickshaw puller told her that he will leave to her house. On his request, she sat on the rickshaw and he brought her in between Antaghat to Collectorate Ghat and in the darkness, he started pulling her cloths and further alleged that he started to open her salwar then a police came and

Patna High Court Cr.Misc. No.18836 of 2016 (3) dt.26-05-2016 caught the petitioner.

A report was called for vide order dated 03.05.2016 regarding the stage of the case from the court below. The said report is at flag-'A' wherefrom it appears that charge has been framed in the case, thereafter summons have been issued for appearance of the witnesses but no witness has turned up as yet. It has been submitted on behalf of the petitioner that the petitioner is in custody since 31.01.2016. Petitioner has got no criminal antecedent. Petitioner is a Rickshaw puller and he denies the allegations made in the FIR.

On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances and in spite of all the efforts being taken by the trial court, one of the witnesses are appearing in the present case, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Ist Additional Sessions Judge, Patna in connection with Special (POCSO) Case No.15 of 2016 arising out of Mahila P.S.Case No.04 of 2016.

(Sudhir Singh, J) B.Kr./- U T