Pratap Sao @ Pratap Kumar Sao @ Pratap Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2669 of 2017 Arising Out of PS.Case No. -70 Year- 2016 Thana -MAHILA PS District- GAYA ======================================================

1. Pratap Sao @ Pratap Kumar Sao @ Pratap Kumar S/o Dindayal Sao

2. Suresh Sao R/o Ramdeo Sao

3. Dindayal Sao S/o Late Kesho Sao All are residing at Village - Parasiya, P.S. - Imamganj, Dist - Gaya.

.... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Deepak Kumar For the Respondent/s : Mr. S.Paswan, Spl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-11-2017 Heard the parties.

The appellants seek regular bail in POCSO Case No.48 of 2016 arising out of Mahila P.S.Case No.70 of 2016 registered for the offence under Sections 354(A),323, 504 of the I.P.C., Section 12 of POCSO Act and Section 3(1)(x)(xii) of SC/ST (POA) Act.

Allegation against the appellants is of trying to outrage modesty of the informant.

Submission of the learned counsel for the appellants is that no such occurrence took place and the present case has been lodged at the instance of the informant just to pressurize the appellants after three months to withdraw the Immamgunj P.S.

Patna High Court CR. APP (SJ) No.2669 of 2017 (4) dt.09-11-2017 2/2 Case No162/16. There is specific allegation against appellants no.2 and 3.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellants, above named, be enlarged on bail on furnishing bail bonds of Rs.25,000/- each with two sureties of the like amount each to the satisfaction of A.D.J. 1st, Gaya, in POCSO Case No.48/16 arising out of Mahila P.S.Case No.70 of 2016 subject to the conditions that (1) one of the bailors of the appellants shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (2) The appellants will not induce any witness or tamper with the evidence. (3) The appellants shall co-operate in disposal of trial and make themselves available as and when required by the court. In the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reason, their bail bonds shall be cancelled. (Vinod Kumar Sinha, J) AnilKrSinha/- U T