Harendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24925 of 2024 Arising Out of PS. Case No.-4 Year-2021 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== Harendra Singh Son Of Late Jamadar Singh Resident Of Village - Bibipur, Police Station - Garkha, District - Saran ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Salman Khan Son Of Abdul Said Resident Of Village - Kemaji Tola, P.S. - Chapra, District - Saran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Mili Kumari, Adv.
For the Opposite Party/s :
Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-04-2024 Heard learned counsel for the petitioner and learned counsel for the State.
2. The petitioner apprehends his arrest in connection with POCSO Complaint Case No. 04 of 2021 registered under Sections 341, 377 of the Indian Penal Code and Sections 5 and 6 of the POCSO Act.
3. It is alleged that while the complainant (O.P. NO. 2), who is a minor boy, was returning back after attending nature's call, co-accused Dharmendra Singh called him, upon that complainant went there and noticed that co-accused Arun Singh and Harendra Singh (petitioner) were taking liquor in a car and then co-accused Arun Singh offered liquor to the complainant and when complainant refused to take the same, co-accused
Patna High Court CR. MISC. No.24925 of 2024(2) dt.24-04-2024 2/3 Dharmendra Kumar pointed pistol on his tample and thereafter, co-accused Dharmendra Kumar and Arun Singh committed unnatural offence with him.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case by the complainant on the instance of one Raju Singh. Further submission is that specific allegation of committing unnatural offence is against co-accused Dharmendra Kumar and Arun Singh. The petitioner is only alleged to be present at the place of occurrence and taking liquor in the car. It is next submitted that the petitioner is Hawaldar in Assam Rifles and on the date of alleged occurrence, he was posted at 04 Assam Rifles, Sinjol Post, Manipur. The petitioner has got no criminal antecedent.
5. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-VI-cum-Exclusive Special Judge, POCSO, Saran at Chapra in connection with POCSO Complaint Case
Patna High Court CR. MISC. No.24925 of 2024(2) dt.24-04-2024 3/3 No. 04 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Prabhat Kumar Singh, J) utkarsh/- U T