Manoj Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47178 of 2015 Arising Out of PS.Case No. -144 Year- 2015 Thana -NAUBATPUR District- PATNA ====================================================== Manoj Sao, son of Sarwanand Sao, resident of Village Rushtam Ganj, P.S Naubat Pur, District Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Sunil Kumar, Advocate For the Opposite Party : Mr. Ram Shankar Das (SPL. PP) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 27-10-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Manoj Sao, in connection with Naubat Pur Police Station Case No.144 of 2015 (Special (POCSO) Case No.91 of 2015 under Sections 3(1)(X) of the SC & ST Act and Sections 8 and 12 of the POCSO Act.

Perused the above application and materials on record.

Heard Mr. Sunil Kumar, learned Counsel, appearing for the petitioner, and Mr. Ram Shankar Das, learned Special P.P. appearing on behalf of the State.

In view of the fact that the accused above-named has been in custody since 19.03.2015 in connection with the case aforementioned and though charge sheet has been submitted, trial has not yet commenced and perusal of the materials available on

Patna High Court Cr.Misc. No.47178 of 2015 (3) dt.27-10-2015 2/2 record does not reveal such incriminating materials, which would warrant further detention of the accused-petitioner in custody, and in view also of the fact that the perusal of the materials does not reveal that the accused-petitioner's liberty on bail would adversely affect his trial, it is, in the interest of justice, hereby directed that the accused above-named shall be released on bail of Rs.10,000/- with two sureties, each of the like amount, subject to the satisfaction of the learned Special Judge (S.C./S.T. Act) Patna, in connection with Naubatpur Police Station Case No.144 of 2015 {Special (POCSO) Case No.91 of 2015}. This direction for bail is further subject to the condition that the accused above-named shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear, in the learned Court below, as may be directed.

In terms of the above observations and directions, this bail application shall stand disposed of. (I.A. Ansari, ACJ) Sunil/- U T