Vishwanath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20977 of 2021 Arising Out of PS. Case No.-71 Year-2018 Thana- SHEOHAR District- Sheohar ====================================================== 1.

VISHWANATH SINGH Son of Late Ramanand Singh Resident of VillageMotnaje, Police Station- Tariyani, District- Sheohar 2.

Mira Devi W/o Vishwanath Singh Resident of Village- Motnaje, Police Station- Tariyani, District- Sheohar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr .Sanjeev Kumar Singh For the Opposite Party/s :

Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 27-01-2022 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend arrest in connection with Sheohar P.S. Case No. 71 of 2018 registered under Sections 363, 366A and 376 of the Indian Penal Code and Section 4 of the POCSO Act.

Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. In the instant case first information report is lodged after lapse of five days of the alleged occurrence. Further he submits that on perusal of the Annexure-2, it is apparent that the victim, in her statement

Patna High Court CR. MISC. No.20977 of 2021(2) dt.27-01-2022 2/2 recorded under section 164 Cr. P.C., clearly stated that one Sunny Kumar brought her to Nepal and made physical relation with her. Petitioners have no criminal antecedent. Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of the Additional Sessions Judge-I, Sheohar in connection with Sheohar P.S. Case No. 71 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

shailendra/- (Arvind Srivastava, J) U T