Ram Sagar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7328 of 2025 Arising Out of PS. Case No.-83 Year-2024 Thana- Benibad District- Muzaffarpur ====================================================== Ram Sagar Singh S/o- Late Ram Sakal Singh Maheshwara Ps- Benibad DistMuzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bipin Kumar Singh S/o- Jiwachh Singh Village- Maheshwara Ps- Benibad Dist- Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Alok, Adv.

For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The supplementary-affidavit has been filed on behalf of the petitioner during course of the day which is kept on the record.

3. The petitioner has preferred this application for grant of regular bail in connection with Benibad P.S. Case No. 83 of 2024 dated 01.11.2024 registered for the offences punishable under Sections 64, 62 read with Section 3(5) of the B.N.S. and Section 8 of the POCSO Act.

4. As per the prosecution case, the petitioner and the co-accused person are alleged to have kidnapped the informant'

Patna High Court CR. MISC. No.7328 of 2025(3) dt.04-03-2025 2/3 daughter and committed rape on her.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. As per supplementary affidavit filed on behalf of the petitioner in which he has stated in para-2 that the age of the petitioner is 80 years (as per Aadhar Card bearing no. 553258050161) and he is suffering from various diseases and he is not in a position to stand at his own wishes. Learned counsel has further submitted that medical report of the victim does not support the prosecution case and it is evident from the medical report (annexed at Annexure-2), it appears that no any bleeding and no any sexual intercourse on the private part of the victim. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 02.11.2024.

6. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court

Patna High Court CR. MISC. No.7328 of 2025(3) dt.04-03-2025 3/3 concerned, Muzaffarpur in connection with Benibad P.S. Case No. 83 of 2024, with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

8. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T