Suresh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18984 of 2019 Arising Out of PS. Case No.-199 Year-2018 Thana- DAUDPUR District- Saran ====================================================== 1.

SURESH SHARMA, Son of BrahmaNand Sharma Resident of Village - Kohra, Bazar, P.S.- Daudpur, Distt - Saran.

2.

Lal Babu Sharma @ Tar Babu Sharma, Son of BrahmaNand Sharma Resident of Village - Kohra, Bazar, P.S.- Daudpur, Distt - Saran. 3.

Birbal Sharma @ Ajit Sharma, Son of BrahmaNand Sharma Resident of Village - Kohra, Bazar, P.S.- Daudpur, Distt - Saran. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-05-2019 Petitioners seek bail in anticipation of their arrest in connection with Daudpur P.S. Case No. 199 of 2018 registered for the offences punishable under Sections 376/511 of the Indian Penal Code and Sections 7 & 8 of POCSO Act.

Allegation against the petitioners is of entering inside the hut of the informant and attempting to commit rape upon her and when her mother and other persons came they fled away. Submission of learned counsel for the petitioners is that the case has been lodged after four months of the occurrence and prior to that a case has been lodged by son of petitioner No.1 against one Rakesh Sharma and at whose

Patna High Court CR. MISC. No.18984 of 2019(2) dt.06-05-2019 2/2 instance the present case has been filed.

Heard learned APP also.

In view of above facts and circumstances, let petitioners, in the event of surrender before the court below within a period of four weeks from the receipt of this order, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-I-cumSpecial Judge, POCSO Act, Saran, Chapra, in connection with Daudpur P.S.Case No. 199 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioners shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T