Suresh Chourasia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26344 of 2020 Arising Out of PS. Case No.-23 Year-2020 Thana- TETERHAT District- Lakhisarai ====================================================== SURESH CHOURASIA S/o Late Foudi Chourasiya Resident of VillageSatsanda, P.S.-Tetarhat, District-Lakhisarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Parmanand Pd. Nr. Sahi, Adv.

For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-11-2020 Heard the learned counsel for the petitioner and Sri Umesh Lal Verma, the learned APP for the State.

The petitioner seeks regular bail in connection with Tetarhat P.S. Case No. 23 of 2020, registered for the offence punishable under Sections 376(A)/ (B) of the Indian Penal Code and Section 4 of the POSCO Act.

The allegation is regarding the petitioner having taken the minor daughter of the informant in the field, whereafter he had engaged in committing misdeed with her, however, the sisterin-law of the informant had arrived there resulting

Patna High Court CR. MISC. No.26344 of 2020(3) dt.24-11-2020 2/3 in the petitioner having fled away.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 08.03.2020. The learned counsel for the petitioner has submitted that the petitioner is 60 years old man and it cannot be imagined that he could have committed such a heinous crime. It is also submitted that the medical report would show that there is no sign of sexual violence and in fact, neither any external nor any internal injury has been found qua the victim girl during the course of medical examination.

Per contra, the learned APP has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the leaned counsel for the petitioner and taking into account the fact that no sign of sexual violence has been found during the course of medical examination of the victim girl, I deem it fit

Patna High Court CR. MISC. No.26344 of 2020(3) dt.24-11-2020 3/3 and proper to give benefit of doubt to the petitioner herein for the purposes of grant of bail, hence, the petitioner is directed to be released on bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-Icum-Special Judge, POCSO, Lakhisarai in connection with Tetarhat P.S. Case No. 23 of 2020. (Mohit Kumar Shah, J) Ajay/- U T