Fulchandra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24023 of 2020 Arising Out of PS. Case No.-75 Year-2020 Thana- SHAMBHUGANJ District- Banka ====================================================== Fulchandra Singh S/o- Madan Singh Resident of Village- Jhakhara, P.S.- Shambhuganj, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-09-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner seeks bail in Shambhuganj P.S. Case No. 75 of 2020, registered for the offence punishable under Section 354(B) of the Indian Penal Code and Section 8 of the POCSO Act.

As per prosecution case, the allegation against petitioner is that he tried to misbehave and outrage the modesty of informant and it is further alleged that when informant raised alarm, upon which, villagers assembled, nabbed this petitioner and handed over to police It is submitted on behalf of petitioner that petitioner is innocent and has committed no offence and has falsely been implicated in this case. In fact, petitioner had gone to collect the

Patna High Court CR. MISC. No.24023 of 2020(2) dt.17-09-2020 2/2 previous dues amount i.e. Rs. 20,000/- from the mother of informant and on refusal to pay the same, quarrel took place, in which, neighbour assembled and petitioner was handed over to police. The petitioner is in custody since 01-04-2020. Considering the aforesaid facts and circumstances, the bail application is allowed.

Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Banka in connection with Shambhuganj P.S. Case No. 75 of 2020 on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.".

(Prabhat Kumar Singh, J.) anay U T