Kanhaiya Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18958 of 2023 Arising Out of PS. Case No.-155 Year-2022 Thana- ITARHI District- Buxar ====================================================== Kanhaiya Singh Son Of Shankar Rai @ Shankar Singh R/O Vill. Kukudha, Ps - Itarhi, Dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma For the Opposite Party/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 323, 307, 354(a), 354(b), 504, 506/34 of the Indian Penal Code and Section 4 of the POCSO ACT and Sections 3(1)(r)(wi) of the SC/ST (Prevention of Atrocities) Act.

As per allegation, when the informant was going to answer the call of nature, the accused persons including the petitioner, outraged her modesty. When the villagers came there, they fled away. When she went

Patna High Court CR. MISC. No.18958 of 2023(2) dt.18-05-2023 2/3 to complain the matter to the house of the accused persons, they threatened her to kill.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. For the alleged occurrence of 25.05.2022, the F.I.R was registered on 27.05.2022 without explaining the delay. There is general and omnibus allegation against the petitioner. There is no injury report on record. The petitioner is languishing in custody since 15.11.2022. Moreover, similarly situated co-accused has been granted bail by a coordinate Bench of this Court vide order dated 06.04.2023 passed in Cr. Misc. No. 2519 of 2023.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum-Special Judge, POCSO Act, Buxar in

Patna High Court CR. MISC. No.18958 of 2023(2) dt.18-05-2023 3/3 connection with Itarhi P.S. Case No. 155 of 2022. (Sunil Kumar Panwar, J) Shageer/- U T