Debu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44525 of 2016 Arising Out of PS.Case No. -65 Year- 2016 Thana -MAHILA P.S District- SUPAUL ====================================================== Debu Sah son of Bishun Lal Sah .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Advocate For the Opposite Party/s : Mr. Vinod Shankar Modi, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 06-10-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Debu Sah, in connection with POCSO Case No. 22 of 2016, arising out of Supaul Mahila Police Station Case No. 65 of 2016, under Sections 341/448/376/511/354B/504 of the Indian Penal Code and Section 8 of the Protection of Children From Sexual Offences Act, 2012.

Perused the above application and materials on record.

Heard Mr. Dhananjay Kumar Tiwary, learned Counsel for the petitioner, and Mr. Vinod Shankar Modi, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that the accused above-named has been in custody since 14.07.2016 in connection with the case aforementioned and though charge sheet has been submitted and perusal of the materials available on record does not reveal such

Patna High Court Cr.Misc. No.44525 of 2016 (2) dt.06-10-2016 2/2 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 accusedpetitioner'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 Additional Sessions Judge-I, Supaul, in connection with POCSO Case No. 22 of 2016, arising out of Mahila P.S. Case No.65 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) Mkr./- U