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Patna High CourtCR. MISC./44492/2015

Manoj Singh v. The State Of Bihar

2016-02-08Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44492 of 2015 Arising Out of PS.Case No. -23 Year- 2015 Thana -MAHILA THANA District- BEGUSARAI ====================================================== Manoj Singh Son of Amrudh Singh @ Anurudh Singh R/o Village Madhurapur Bichla Tola (Toli), P.S. Teghra, District Begusarai. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Jai Prakash Singh For the Opposite Party/s : Mr. Md.Nazir Ansari(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 08-02-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in custody since 23.05.2015 in connection with Mahila P.S. Case No. 23 of 2015 registered for the offences punishable under Section 376 D of the Indian Penal Code, Section 27 of the Arms Act and Sections 6 and 8 of POCSO Act.

Learned counsel for the petitioner submits that though he is named in the first information report but in the statement made before the court the victim girl does not disclose the name of petitioner. It is further submitted that the story appears to be false and concocted though it has been written in the ferdbeyan that both the girls have been taken away by the

Patna High Court Cr.Misc. No.44492 of 2015 (4) dt.08-02-2016 2/2 miscreants, one of which was the petitioner herein. The Fua was left alone unscathed. He further submits that even the medical report does not corroborate the prosecution story though there is some evidence of violence on the private parts of the victim yet the same does not establish the prosecution case. In view of the fact that charge sheet has now been submitted and petitioner is willing to attend the court below and cooperate in the progress of the trial and also this fact that petitioner has been in custody for almost eight months and has got no criminal antecedent, let the petitioner, above named, 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 Additional Sessions Judge-I-cum-Special Judge, Begusarai in connection with Mahila P.S. Case No. 23 of 2015 corresponding to POCSO Case No. 27 of 2015. (Anjana Mishra, J) SHAHZAD/- U T