Shyam Babu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52441 of 2017 Arising Out of PS.Case No. -173 Year- 2016 Thana -KARPI District- JEHANABAD ====================================================== Shyam Babu Singh, Son of Late Tilak Singh, Resident of Village - Gulab Singh Ke English, Police Station - Karpi, District - Arwal. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Uday Narayan Singh For the Opposite Party/s : Mr. Sri Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-12-2017 Heard the counsels for the parties.

The petitioner seeks bail in connection with Karpi P.S. Case No. 173 of 2016 (Spl. POCSO Trial No. 01 of 2017) dated 03.11.2016 instituted for the offences under Sections 354(A) (1)(i) of the Indian Penal Code and under Section 4 of the POCSO Act.

The petitioner who happens to be the neighbour of the informant is alleged to have committed sexual misdemeanor with a six year old girl.

Learned counsel for the petitioner has submitted that because of dispute with respect to the drain with the informant, the petitioner has been made accused in this case. He has further drawn the attention of this Court to the statement of independent

Patna High Court Cr.Misc. No.52441 of 2017 (3) dt.04-12-2017 persons of the village, who have stated that because of the dispute over drain; there always remained tension between both the sides. The petitioner is in custody since 19.09.2017 and charge sheet has already been submitted.

Taking into account the facts aforesaid, this Court is inclined to grant bail to the petitioner.

In the facts and circumstances, the petitioner above named is directed to be released on bail on his furnishing bail bond in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge-I, Jehanabad in connection with Karpi P.S. Case No. 173 of 2016 (Spl. POCSO Trial No. 01 of 2017). (Ashutosh Kumar, J) KKSINHA/- U T