Patna High CourtCR. MISC./41578/2016bail granted

Santosh Kumar @ Santosh Sharma v. The State Of Bihar

2016-10-18Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41578 of 2016 Arising Out of PS.Case No. -83 Year- 2015 Thana -MEHANDIA District- JEHANABAD ====================================================== Santosh Kumar @ Santosh Sharma S/o Late Devendra Sharma R/o village- Biranchak, P.S. Janipur, District Patna .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ashok Kumar Singh, Adv. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-10-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 06.08.2016 in connection with POCSO Trial No. 21 of 2015, G.R. No. 667 of 2015 arising out of Mehandia P.S. Case No. 83 of 2015 for the offences alleged under Sections 376(D) of the Indian Penal Code and Section 6 of the POCSO Act.

3. It is submitted that the petitioner has been falsely implicated and the thrust of accusation is against co-accused Balbir Kumar. The petitioner has not been named in the informant's statement recorded under Section 164 Cr. P.C. The said Balbir Kumar @ Amitesh Kumar has been granted bail by this Court in Cr. Misc. No. 19895 of 2016.

4. Having regard to the entirety of the facts and

Patna High Court Cr.Misc. No.41578 of 2016 (2) dt.18-10-2016 circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge Ist, Jehanabad, in connection with POCSO Trial No. 21 of 2015/G.R. No. 667 of 2015 arising out of Mehandia P.S. Case No. 83 of 2015, with the following conditions:- (i) That one of the bailors will be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence.

(iii) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure to do so on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/Chandran U T