Sagina Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11622 of 2022 Arising Out of PS. Case No.-14 Year-2022 Thana- KOILWAR District- Bhojpur ====================================================== Sagina Thakur Son of Late Dev Prasad @ Late Dev Prasad Yadav Resident of Village - Kishunpura, P.s.- Koilwar (Gidha), Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Koilwar (Gidha) P.S. Case No. 14 of 2022 registered for the offence under Sections 354(A)/B of the I.P.C. and 8/18 POCSO Act. The accused/petitioner is named in the F.I.R. and is in custody since 08.01.2022.

The allegation against the petitioner is to outrage the modesty of minor daughter of informant and her minor friend on the false pretext of giving guava, who are aged about 11 and 9 years old. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is 74 years old and due to property dispute as informant want to purchase the property of petitioner beside her property, which was not agreed upon by this petitioner,

Patna High Court CR. MISC. No.11622 of 2022(3) dt.29-11-2022 2/2 present false implication was made, without having any connecting evidence. It is further submitted that nothing surfaced during the medical examinations, which may suggest allegations as raised through present F.I.R. It is also submitted that there is a variation of statement as regard to occurrence, which was recorded by both victims under Section 164 of the Cr.P.C., creating a doubt. While concluding the argument, it has been submitted that investigation of this case is complete, where charge-sheet has been submitted, as such, there is no chance of tempering with the evidence. Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, and by taking note of the accusation, where petitioner is in custody since 08.01.2022, coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Koilwar (Gidha) P.S. Case No. 14 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. VI, Bhojpur at Ara/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Archana/- U T