Santosh Chaudhary @ Santosh Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11777 of 2020 Arising Out of PS. Case No.-91 Year-2019 Thana- DANDARI District- Begusarai ====================================================== SANTOSH CHAUDHARY @ SANTOSH KUMAR CHAUDHARY, Male, aged 21 years, Son of Mahendra Chaudhary @ Mahendra Chaudhary, Resident of Village - Dandari, P.S.- Dandari, Dist.- Begusarai. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sandip Kumar Gautam, Advocate.

For the Opposite Party :

Mr.Anil Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 354(B), 341, 509 of the IPC and 8 of POCSO Act.

The prosecution story, in brief, is that on 25.08.2019 at about 8.00 P.M. in the night the petitioner tried to commit sexual offence with the grand-daughter of the informant aged about 10 years old and he was also tampering with the private part of the victim. The victim also supported the alleged allegation levelled against the petitioner.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since

Patna High Court CR. MISC. No.11777 of 2020(2) dt.28-02-2020 2/2 27.08.2019. The petitioner has got no criminal antecedent. He has falsely been implicated in the present case due to village politics. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The allegation made in the F.I.R. is denied by the petitioner. There is no specific overt act alleged against the petitioner. There is old dispute between the parties in respect of Rasta.

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

Considering the aforesaid facts and circumstances, let 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 the learned Additional Sessions Judge Ist-cum-Special Judge, POCSO Act, Begusarai, in POCSO Case No. 58 of 2019 in connection with Dandari P.S. Case No. 91 of 2019.

(Sudhir Singh, J) U.K./- U T