Sagar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8748 of 2020 Arising Out of PS. Case No.-114 Year-2019 Thana- DHANKUND District- Banka ====================================================== SAGAR KUMAR Son of Dhaneshwar Mandal Resident of Village - Bhatuachak, P.S.- Dhankund, District - Banka. ... ... Petitioner.

Versus

THE STATE OF BIHAR ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Brij Nandad Prasad, Advocate.

For the State :

Mr. Shyameshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-06-2020 Heard through Video Conferencing.

The petitioner seeks bail in connection with G.R. Case No.132 of 2019, corresponding to Dhankund P.S. Case No.114 of 2019, registered under Sections 376/34 of the Indian Penal Code besides Section 4 of the POCSO Act.

The accusation is that on 25.09.2019, the informant was alone at her house as her mother had gone to her Maika. At about 11.00 P.M., her villagers, namely, Ranjan Kumar alias Ranja, Sagar Kumar (petitioner) and Ajay Kumar entered into her house, jumping the boundary wall. Thereafter, Ranjan Kumar alias Ranja committed rape on the informant, whereas this petitioner and Ajay Kumar caught hold of her hands and legs.

Patna High Court CR. MISC. No.8748 of 2020(3) dt.02-06-2020 2/2 Submission is that while the informant has named the petitioner and his two other associates in the F.I.R. but she made specific allegation of committing rape on her against Ranjan Kumar alias Ranja, further saying that this petitioner and Ajay Kumar had caught hold of her hands and legs at that time. Further submission is that the petitioner has no criminal antecedent and is in custody since 27.09.2019. On investigation, the police has already submitted the chargesheet against the petitioner.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-I, Banka, in connection with G.R. No.132 of 2019, corresponding to Dhankund P.S. Case No.114 of 2019.

(Rajendra Kumar Mishra, J) P.S./- U T