Jhallu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14508 of 2020 Arising Out of PS. Case No.-199 Year-2019 Thana- MAHILA P.S. District- Nalanda ====================================================== JHALLU SINGH, aged about 70 years (Male), S/o Late Ram Chandra Singh, Resident of Village- Sabnahuadih, P.S.- Harnaut, Distt- Nalanda. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Satyendra Prasad Singh, Advocate.

For the Opposite Party :

Mr.Bal Mukund Prasad Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 376, 376(A-B), 504, 506 of the IPC and 4/6 of POCSOAct.

The prosecution story, in brief, is that on 24.12.2019 at about 10.00 A.M. the petitioner took the daughter of the informant aged about 09 years to the room situated behind his shop and committed rape upon her. His daughter came in limping condition and narrated the occurrence to the informant and when his wife went to the petitioner, he started abusing and giving threatening to her.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since

Patna High Court CR. MISC. No.14508 of 2020(2) dt.02-03-2020 2/2 26.12.2019. The petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The victim has been examined by the Medical Officer. The report of the Medical Officer is Annexure-2 to the present application where no sign of sexual abuse has been found by the doctor. The allegation made in the F.I.R. is not supported by the report of the Medical Officer.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Ist Additional District and Sessions Judge, Nalanda at Biharsharif, in connection with Mahila (Nalanda) P.S. Case No. 199 of 2019. (Sudhir Singh, J) U.K./- U T