Bhola Singh v. The State Of Bihar
Patna High Court Cr.Misc. No.50960 of 2015 (2) dt.18-12-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50960 of 2015 Arising Out of PS.Case No. -212 Year- 2015 Thana -TEGHRA District- BEGUSARAI ====================================================== BHOLA SINGH, SON OF LATE KAMESHWAR SINGH, RESIDENT OF VILLAGE - AYODHYA, P.S. TEGHRA, DISTRICT - BEGUSARAI .... .... PETITIONER/S
VERSUS
THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :
For the Petitioner/s : Mr. Jai Prakash Singh For the Opposite Party/s : Mr. J.N.Thakur(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-12-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with Teghra P.S. Case No. 212 of 2015 registered under Sections 376 and 511 of the Indian Penal Code and Section 4 of the POCSO Act. The accusation of informant, Musho Sah, is that on 13.07.2015, Sabita Kumari, niece of informant, had gone to graze her she goat near the field of petitioner, after some time, Sabita Kumari, came at home and told to informant that petitioner, who is aged about 70 years, called her to guava garden and tried to commit rape on her.
Learned counsel for the petitioner submits that admittedly the petitioner is aged about more than 70 years and has
Patna High Court Cr.Misc. No.50960 of 2015 (2) dt.18-12-2015 falsely been implicated in this case due to making complain about plucking the Guava in his garden by the niece of the informant. It is further submitted that the victim in her statement, under Section 164 of the Cr.P.C. has not disclosed about sexual assault by the petitioner and simply stated that petitioner sat on her. It is further submitted that petitioner is in custody since 14.07.2015. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Ist Additional Sessions Judge-cum-Special Judge, Begusrai, in connection with Teghra P.S. Case No. 212 of 2015. Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T