Dhananajay Singh @ Babloo Singh @ Bablu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.101 of 2017 Arising Out of PS.Case No. -52 Year- 2016 Thana -MAHILA PS District- GAYA ====================================================== Dhananajay Singh @ Babloo Singh @ Bablu Singh S/o Shiv Dhyan Singh Resident of Village- Amas, P.S. District- Gaya. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Bhaskar Shankar, Advocate For the State :
Mr. Sri Bisheshwar Ram, APP For the Informant :
Mr. Gajendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 01-03-2017 Heard learned counsel for the petitioner, learned APP appearing on behalf of the State as well as learned counsel for the informant.
Petitioner already in custody in connection with POCSO Case No.35 of 2016, arising out of Mahila P.S. Case No.52 of 2016 is an accused in a case registered under Sections 376, 354(B) and 379 of the Indian Penal Code and Section 4 of POCSO Act.
Allegation in brief is that the petitioner raped the prosecutrix inside her house while she along with her two sisters was sleeping there.
Submission is that due to some dispute, the petitioner has falsely been implicated in this case. In the medical
Patna High Court Cr.Misc. No.101 of 2017 (3) dt.01-03-2017 2 / 2 report, no evidence of rape was found and the age of the girl is 18 years and police after investigation has not found the case true under Section 376 of the Indian Penal Code. Charge-sheet has been submitted only under Sections 354(B) and 447 of the Indian Penal Code and this petitioner has been in custody in this case since 05.10.2016 and has got no criminal antecedent. Having considered the said facts and circumstances, let the petitioner, namely, Dhananajay Singh @ Babloo Singh @ Bablu Singh be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge1st-cum-Special Judge (POCSO Act), Gaya in connection with POCSO Case No.35 of 2016, arising out of Mahila P.S. Case No.52 of 2016.
(Arun Kumar, J.) S.Kumar/- U T