Sudish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30618 of 2023 Arising Out of PS. Case No.-80 Year-2023 Thana- CHAKIA District- East Champaran ====================================================== Sudish Kumar Son Of Bhikhari Sah R/O-Koyla Belwa, Tola Baraitha, P.S.- CHAKIA, Distt.-EAST Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar, Advocate For the Opposite Party/s :
Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
2. Let the defect(s), if any, be removed within a period of four weeks from today.
3. The petitioner seeks bail in connection with Chakia P.S. Case No. 80 of 2023 registered for the offence under Sections 341, 323, 354-A, 504/34 of the Indian Penal Code and under Section 08 of the POCSO Act.`
4. The accused/petitioner is named in the F.I.R. and is in custody since 26.02.2023.
5. The allegation against the petitioner is to outrage the modesty of minor daughter of the informant, aged about 13 years, while she was going to attend her tution class.
6. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.30618 of 2023(3) dt.13-07-2023 2/3 petitioner submitted that the implication is false for the apparent reasons that informant is not the eye witness of the occurrence. It is submitted that the occurrence is of 23.02.2023 but rather than to inform police regarding occurrence informant alongwith his family members visited the house of petitioner on 26.02.2023 and arrested him later and subsequently hand over to police. It is further submitted that narration of F.I.R. is not even suggesting that occurrence was reported to informant by victim herself rather by unknown villagers. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
7. Learned APP opposes the prayer of bail.
8.Considering the facts and circumstances as mentioned above, as F.I.R. lodged with a delay of three days completely on the basis of hearsay input of unknown covillagers where arrest of petitioner appears to be made by private persons after three days of occurrence coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 26.02.2023, accordingly, above named petitioner is directed to be released on bail in connection with
Patna High Court CR. MISC. No.30618 of 2023(3) dt.13-07-2023 3/3 Chakia P.S. Case No. 80 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-VII-cum-Special Judge POCSO Act, East Champaran at Motihari/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T