Shri Bhagwan Saw @ Bhagwan Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34714 of 2021 Arising Out of PS. Case No.-60 Year-2021 Thana- SAHAR District- Bhojpur ====================================================== Shri Bhagwan Saw @ Bhagwan Saw S/O Late Ram Prasad Saw R/O VillageBarhi Kharaon, P.S.- Sahar, Distt.- Bhojpur ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Ramjeet Ram, S/o Ram Lagan Ram, R/o Village Badki Kharaon, Bathani Tola, P.S. Sahar, Distt. - Bhojpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajendra Nath Sinha For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State. Despite valid service of notice, nobody has appeared on behalf of opposite party no. 2.

The petitioner seeks bail in a case registered for the offence under Section 341, 354(B), 376, 511 of the Indian Penal Code, Section 8 of the POCSO Act and Sections 3(1)(r)(s) / 3(2) (va) of S.C./S.T. Act.

As per the prosecution case, the minor daughter of the informant went to attend the call of nature in the badhar of village, all of a sudden, this petitioner came there and made attempt to commit rape with her and when she raised alarm, some villagers came there and this petitioner fled away from there.

Patna High Court CR. MISC. No.34714 of 2021(5) dt.24-03-2022 2/2 It is submitted on behalf of petitioner that present case has been lodged as per instance of present Mukhiya. There is no eye-witness to the occurrence and entire allegation is absurd and concocted. Petitioner has got clean antecedent and he is in custody since 06.03.2021.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances as well as period of custody, the bail petition of petitioner is allowed. Let the above named petitioner 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 learned Additional Sessions Judge VI cum Special Judge, POCSO, Bhojpur at Ara in connection with POCSO Case No. 21 of 2021, arising out of Sahar P.S. Case No. 60 of 2021. (Prabhat Kumar Singh, J) anay/- U T