Patna High CourtCR. MISC./9806/2022bail granted

Dharmjit Kumar Sah v. The State Of Bihar

2022-04-22Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9806 of 2022 Arising Out of PS. Case No.-568 Year-2021 Thana- DHAKA District- East Champaran ====================================================== Dharmjit Kumar Sah S/O- Ramsumit Sah @ Ramsubit Kumar @ Sumit Sah Resident Of Village- Bikrampur, P.S.- Dhaka District- East Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Prateek Tandon For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-04-2022 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 376/ 34 and other sections of the IPC and section 8 of Protection of Children from Sexual Offences (POCSO) Act, 2012. As per the prosecution case, petitioner and his two accomplices tried to commit rape on the minor daughter of the informant.

Learned counsel for the petitioner submits that the petitioner has been falsely been implicated in this case because of a land dispute of 1988 only with a view to harass the petitioner. There is no eye witness of the occurrence. No substantive evidence has been collected during course of investigation to suggest the implication of this petitioner in the

Patna High Court CR. MISC. No.9806 of 2022(2) dt.22-04-2022 2/2 present case. Petitioner claims clean antecedent and he is in custody since 2.12.2021. Investigation is complete. Learned counsel for the State opposes the prayer for bail.

Considering the rival submissions of the parties and materials available on the record, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge VI cum Special Judge, POCSO Act, Motihari, East Champaran in Dhaka Police Station Case No. 568 of 2021.

(Prabhat Kumar Singh, J) Shashi U T