Mantu Singh @ Mantu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1955 of 2021 Arising Out of PS. Case No.-323 Year-2020 Thana- DINARA District- Rohtas ====================================================== MANTU SINGH @ MANTU KUMAR SINGH Son of Kameshwar Singh Resident of Village- Usrawan, P.S.- Dinara (Bhanas), District- Rohtas. ... ... Appellant

Versus

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

For the Appellant/s :

Mr. Shankar Kumar, Advocate For the State :

Mr. Sadanand Paswan, Spl.PP For the Informant Mr. Jai Prakash Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-08-2021 Heard the parties in virtual Court proceeding. This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by order dated 06.02.2021 passed by the learned Additional Sessions Judge-VII, Sasaram (Rohtas) in connection with POCSO Case No. 70 of 2020 arising out of Dinara (Bhanas) P.S. Case No. 323 of 2020 registered under Sections 354, 504, 506 of the I.P.C., Section 12 of POCSO Act and Section 3(i)(r)(s)(w) (i) of the SC/ST Act.

Patna High Court CR. APP (SJ) No.1955 of 2021(3) dt.18-08-2021 2/3 Allegation is that the appellant caught hand of the informant and dragged her with illicit intention taking advantage of darkness.

Submission is that the appellant has got no criminal antecedent. He has been falsely implicated due to other trivial dispute. Appellant is in custody since 19.01.2021. Learned counsel for the informant as well as State opposed the prayer for bail.

Considering the nature of allegation and period already undergone as well as completion of investigation, let the appellant, above named, be released on bail, on furnishing bail bonds of Rs. 20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with the aforesaid case, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The appellant shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.

(c) The appellant shall not leave the country without permission of the trial Court.

Patna High Court CR. APP (SJ) No.1955 of 2021(3) dt.18-08-2021 3/3 Accordingly, the impugned order is set aside and the appeal is allowed.

(Birendra Kumar, J) shahzad/- U T