Balawa Saran Sharma @ Balabha Sharan Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14342 of 2020 Arising Out of PS. Case No.-5 Year-2019 Thana- MAHILA PS District- Jehanabad ====================================================== BALAWA SARAN SHARMA @ BALABHA SHARAN SHARMA Son of Late Banwari Sharma Resident of Village - Dhangawan, P.S. - Jehanabad Town, District - Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar Pandey For the Opposite Party/s :
Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 16-06-2020 Let the defects, as pointed out by the office, be ignored at present.
Learned counsel for the petitioner is directed to remove the same within four weeks after opening of the regular Court.
Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner is an accused in connection with Mahila P.S. Case No. 05 of 2019 for the offence registered under Section 376 of the Indian Penal Code and section 4 of the POCSO Act.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated. In the present case, the
Patna High Court CR. MISC. No.14342 of 2020(3) dt.16-06-2020 2/2 first information report is lodged after three days of the alleged occurrence. It is further submitted that the medical report completely falsifies the allegation of rape as alleged in the F.I.R. against the petitioner. Petitioner is in custody since 29.11.2019. Having considered the above facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing personal bond to the satisfaction of Additional Sessions Judge-I, Jehanabad in connection with Spl. POCSO Case No. 08 of 2019 arising out of Jehanabad Mahila P.S. Case No. 05 of 2019.
(Arvind Srivastava, J) shailendra/- U T