Om Prakash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.193 of 2020 Arising Out of PS. Case No.-164 Year-2019 Thana- DAWATH District- Rohtas ====================================================== OM PRAKASH SINGH S/o- Kanhaiya Singh R/S Vill- Shahpur, P.S. - Dawath, District - Rohtas at Sasaram.

... ... Petitioner

Versus

The State of Bihar ... ... Respondent ====================================================== Appearance :

For the Petitioner :

Mr.Chandra Mohan Jha, Advocate For the Respondent :

Mr.Ashok Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-07-2020 Heard learned counsel for the parties.

The instant revision application has been filed against the order dated 28.1.2020, passed by the Additional Sessions Judge I, Rohtas at Sasaram in POCSO Case No. 95/2019 filed under sections 376, 511,324 of the Indian Penal Code as well as under sections 4 and 8 of the POCSO Act.

It is alleged that the petitioner dragged informant's 8 years old daughter to his Dalan and tried to outrage her modesty and in course of the same he hurled injuries on her cheeks and breast.

Learned counsel appearing for the petitioner submits

Patna High Court CR. REV. No.193 of 2020(2) dt.06-07-2020 2/3 that the petitioner has falsely been implicated in this case due to political rivalry. There is no medical report on the record in support of the allegation of the injuries sustained by the victim at the hands of the petitioner. The petitioner is in custody since 17.10.2019.

Considering the facts of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge I, Rohtas at Sasaram in POCSO case No. 95/2019/Dawath Police Station Case No. 164 of 2019 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

Accordingly, the impugned order dated 28.1.2020, passed by the Additional Sessions Judge I, Rohtas at Sasaram in POCSO Case No. 95/2019, is set aside and the Revision

Patna High Court CR. REV. No.193 of 2020(2) dt.06-07-2020 3/3 application is allowed.

(Prabhat Kumar Singh, J) Shashi U T