Patna High CourtCR. MISC./10333/2019bail granted

Rajeev Kumar Sharma v. The State Of Bihar

2019-04-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10333 of 2019 Arising Out of PS. Case No.-64 Year-2018 Thana- DANDARI District- Begusarai ====================================================== RAJEEV KUMAR SHARMA Son of- Rajendra Sharma @ Gandauri Sharma Resident of village-Rajopur, P.S.- Dandari, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nakul Kumar Jamuar For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 363, 366(A) of the Indian Penal Code and 4 of POCSO Act.

The prosecution case in short is that the accused persons forcibly abducted the daughter of the informant. It has been submitted on behalf of the petitioner that the petitioner is in custody since 5.10.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. The date of occurrence is 19.7.2018 but the F.I.R. has been registered on 23.7.2018 The

Patna High Court CR. MISC. No.10333 of 2019(3) dt.15-04-2019 2/2 delay in lodging the F.I.R. has not been explained. No physical or sexual abuse is alleged against the petitioner. On recovery, the statement of the victim has been recorded under Section 164 Cr.P.C. in which she has not supported the allegations made in the F.I.R.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R..

Considering the aforesaid facts and circumstances, it is directed that 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, POCSO Act, Begusarai in connection with POCSO No. 94/2018 arising out of Dandari P.S. Case No. 64/2018.

(Sudhir Singh, J) Pankaj/- U T