Rajkumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17294 of 2019 Arising Out of PS. Case No.-219 Year-2018 Thana- EKANGARSARAI District- Nalanda ====================================================== Rajkumar Chaudhary Son of Radhey Chaudhary @ Ragho Chaudhary Resident of Village - Usmanpur, P.S.- Ekangarsarai, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranvijay Singh For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 377 of I.P.C. as well as Section 3(A) of POCSO Act and Section 37(c) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that in drunken state the petitioner has committed unnatural intercourse with grand son of the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 05.11.2018 and has got no criminal antecedent. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been

Patna High Court CR. MISC. No.17294 of 2019(3) dt.18-06-2019 2/2 implicated in the present case. In drunken state the petitioner is said to have committed the alleged offence. The petitioner has been made accused due to previous enmity. It is further submitted that the petitioner may be released on bail after completion of nine months in custody from 05.11.2018. On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail after completion of nine months in custody from 05.11.2018 on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Nalanda at Biharsharif in connection with Ekangarsarai P.S. case No.219 of 2018. (Sudhir Singh, J) Narendra/- U T