Upendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45088 of 2016 Arising Out of PS.Case No. -359 Year- 2016 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Upendra Singh, son of Sri Ramekbal Singh, resident of village Tilauthu, Police Station Tilauthu, District Rahtas .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sri Dashrath Mehta ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 18-10-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accused-petitioner, namely, Upendra Singh, in connection with Tilauthu Police Station Case No. 359 of 2016, under Sections 363/376 of the Indian Penal Code and Section 6 of the Protection of Children From Sexual Act, 2012. Perused the above application and materials on record.

Heard Mr. Bhaskar Shankar, learned Counsel for the petitioner, and Mr. Dasrath Mehta, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that the accused abovenamed has been in custody since 04.07.2016 in connection with the case aforementioned and though charge sheet has been submitted and perusal of the materials available on

Patna High Court Cr.Misc. No.45088 of 2016 (2) dt.18-10-2016 2/2 record does not reveal such incriminating materials, which would warrant further detention of the accused-petitioner in custody, and in view also of the fact that the perusal of the materials does not reveal that the accused-petitioner's liberty on bail would adversely affect his trial, it is, in the interest of justice, hereby directed that the accused abovenamed shall be released on bail of Rs. 10,000/- with two sureties, each of the like amount, subject to the satisfaction of the learned 1st Additional Sessions Judge, Rohtas, at Sasaram, in connection with Tilauthu Police Station Case No. 359 of 2016.

This direction for bail is further subject to the condition that the accused above-named shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear, in the learned Court below, as may be directed. In terms of the above observations and directions, this bail application shall stand disposed of. (I.A. Ansari, CJ.) Prabhakar Anand/- U √ T √