Baiju Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39553 of 2021 Arising Out of PS. Case No.-31 Year-2014 Thana- BIDUPUR District- Vaishali ====================================================== BAIJU RAM S/O Late Rajendra Ram Resident of Village - Balataar, P.S. - Bidupur, District - Vaishali, State- Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subodh Kumar, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Bidupur P.S. Case No. 31 of 2014 (POCSO Cr. No. 486 of 2014) instituted for the offences under Sections 323, 504, 384 and 376 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 03.02.2021, is a person with clean antecedent and charge-sheet has been submitted. Learned counsel for the petitioner submits that the present FIR arises out of a complaint case wherein the informant/complainant alleges that her minor daughter, who is mentally retarded, was sexually assaulted by the petitioner on

Patna High Court CR. MISC. No.39553 of 2021(3) dt.21-03-2022 2/3 the point of gun in her presence when the victim had gone back side of the Batthan after cutting the grass.

Learned counsel submits that the petitioner has been falsely implicated in the present case and no such occurrence as alleged had ever taken place. It is also submitted that from bare perusal of the allegation made in the FIR, it would manifest that the occurrence is alleged to have taken place on 18.07.20213 at 07:00 p.m. when the complaint also came to be instituted on the same date. Learned counsel thus submits that it does not stand to reason that how come after closing of the Court hour the complaint was instituted for an occurrence which took place at 07:00 p.m. Learned counsel further submits that the informant purposely instituted the complaint case only with a view to ensure false implication of the petitioner so that medical check up of the alleged victim could not be done. Learned counsel further submits that now the matter stands compromise. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody, is a person with clean antecedent, charge-sheet has been submitted and taking into consideration the submissions made by the learned counsel for the petitioner, let the petitioner above named

Patna High Court CR. MISC. No.39553 of 2021(3) dt.21-03-2022 3/3 be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court POSCO-cum-ADJ-VI, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 31 of 2014 (POCSO Cr. No. 486 of 2014).

(Satyavrat Verma, J) Kundan/- U T