Patna High CourtCR. MISC./10428/2020bail granted

Sanjay Kumar Sah v. The State Of Bihar

2020-02-29Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10428 of 2020 Arising Out of PS. Case No.-469 Year-2019 Thana- PHULPARAS District- Madhubani ====================================================== SANJAY KUMAR SAH Son of Chandeshwar Sah Resident of VillageBrahampur, P.S.- Phulparas, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-02-2020 Heard learned counsel for the parties.

This application for regular bail arises out of Phulparas P.S. Case No. 469 of 2019, disclosing offence punishable under Sections 376(2)(F), 450 of the Indian Penal Code and Sections 4/6 of the POCSO Act.

Learned counsel for the petitioner has drawn my attention to the statement of the minor victim recorded under Section 164 of the Cr.P.C., a copy of which has been brought on record by way of Annexure-2 to this application, to contend that the entire allegation of commission of rape stands belied. Petitioner is in custody since 10.11.2019.

Considering the statement of the victim recorded under Section 164 of the Cr.P.C., this application is allowed. Let

Patna High Court CR. MISC. No.10428 of 2020(2) dt.29-02-2020 2/2 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 learned Ist Additional Sessions Judge cum Special Judge, Madhubani in Phulparas P.S. Case No. 469 of 2019, G.R. No. 71 of 2019.

This is subject to the condition that the petitioner shall present himself before the Police/ Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Rajesh/- U T