Bhulan Sah @ Bhulana Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22685 of 2018 Arising Out of PS.Case No. -264 Year- 2017 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Bhulan Sah @ Bhulana Sah, Son of Sree Sah, Resident of villageTikuliya, Ward No. 13, Police Station- Chanpatiya, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar No.-7, Advocate For the Opposite Party/s : Smt. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-04-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 376/511 of the Indian Penal Code and Section 8 of the POCSO Act.

Though in the FIR the informant has alleged that the petitioner and others attempted to ravish her. However, she does not support the aforesaid allegation in her statement under Section 164 Cr.P.C. vide Annexure-2 or her statement during trial as PW 5 vide Annexure-3.

Considering the statement of the victim, let the petitioner, above named, be released on bail on furnishing bail

Patna High Court Cr.Misc. No.22685 of 2018 (2) dt.23-04-2018 P2/ bond 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 Chanpatiya P.S. Case No.264 of 2017, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T