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Patna High CourtCR. MISC./46074/2017allowed

Vinay Sharma v. The State Of Bihar

2017-09-21Mr. Justice Prakash Chandra Jaiswal2 pages

Patna High Court Cr.Misc. No.46074 of 2017 (2) dt.21-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46074 of 2017 Arising Out of PS.Case No. -41 Year- 2017 Thana -AMNAUR District- SARAN ====================================================== Vinay Sharma, S/o Jahuri Sharma, resident of Village- Khoripakar P.S. Amnour, Distt.- Saran at Chapra.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and APP for the State.

The petitioner seeks bail in connection with Amnour P.S. Case no. 41 of 2017 registered for the offence punishable under Sections 302, 376, 201 of the Indian Penal Code and 3/4 of the POCSO Act.

As per prosecution case, some unknown miscreants committed rape and murder of the daughter of the informant namely, Anjali Kumari aged about 10 years.

It is submitted by the learned counsel for the petitioner that the petitioner has falsely been implicated in the case merely on suspicion. There is no eyewitness of the occurrence. After investigation of the case, police has also submitted final

Patna High Court Cr.Misc. No.46074 of 2017 (2) dt.21-09-2017 form. The mother of the deceased in her statement under Section 164 of the Cr.P.C. has also not named the petitioner in the occurrence. The petitioner has been languishing in custody since 14.3.2017.

Considering the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Judge (POCSO) Act Saran at Chapra in connection with Amnour P.S. Case no. 41 of 2017. (Prakash Chandra Jaiswal, J) rohit/- U T