Satyanarayan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16578 of 2024 Arising Out of PS. Case No.-477 Year-2023 Thana- HILSA District- Nalanda ====================================================== Satyanarayan Singh Son Of Late Girja Singh Resident Of Village- Malawan, PS- Hilsa, Dist- Nalanda ... ... Petitioner/s
Versus
1. The State of Bihar
2. Niranjan Pandey, R/o Village- Malawan, P.S- Hilsa, Distt.- Nalanda ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Archana Mishra, Advocate Mr. Rajnish Kumar, Advocate For the Opposite Party/s :
Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-06-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary. None appears on behalf of O.P. No. 2.
2. The petitioner seeks bail in Hilsa P.S. Case No. 477 of 2023 and POCSO Case No. 124 of 2023, instituted for the offences punishable under Sections 342, 376 of the Indian Penal Code and Section 6 of the POCSO Act, whereafter cognizance has been taken under Section 342, 354(b), 376(AB), 377 of the Indian Penal Code and Section 6 of the POCSO Act.
3. The prosecution case, in short, is that, while informant was searching for his bhagini but could not find her and came to know that the petitioner was feeding something to
Patna High Court CR. MISC. No.16578 of 2024(4) dt.24-06-2024 2/3 her by taking her in his lap. The victim girl was found without clothes near gali of Janardan Pandey and she disclosed about the bad conduct of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Name of the petitioner has transpired due to dispute with regard to money. Learned counsel for the petitioner further submits that medical report of the victim girl does not support any overt act done by the petitioner. The petitioner is in custody since 29.07.2023 and has got one criminal antecedent in which the petitioner is on bail.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP for the state further submits that victim in her statement recorded under Section 164 of Cr.P.C. has supported the case of the prosecution. Medical board has also assessed the age of the victim as five to six years of age. Learned APP, therefore, urged that the petitioner shall not be released on bail.
6. Considering the aforesaid facts and circumstances of the case, statement of the victim recorded under Section 164 of Cr.P.C. and taking into account the period of custody
Patna High Court CR. MISC. No.16578 of 2024(4) dt.24-06-2024 3/3 undergone by the petitioner, this Court is not inclined to grant bail to the petitioner. Prayer is rejected.
(Rudra Prakash Mishra, J) Rajorshi/- U T