Umesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31442 of 2020 Arising Out of PS. Case No.-59 Year-2019 Thana- RAJPUR District- Rohtas ====================================================== UMESH SAH Son of Late Heera Sah Resident of Village- Rajpur, P.S.- Rajpur, District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwari For the Opposite Party/s :

Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-06-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

The petitioner seeks bail in a case instituted for the offences under Sections 302, 201, 34 of the and 4 and 6 of the POCSO Act in which section 376 IPC was added later on. The earlier bail application of the petitioner was rejected vide Annexure-1 to the present application. It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.6.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge has already been framed in this case. The informant has already been examined in course of trial as P.W.-3. His deposition and deposition of other prosecution witnesses are Annexure-4 series to the present

Patna High Court CR. MISC. No.31442 of 2020(6) dt.30-06-2021 2/2 application. The informant has retracted from earlier statement and has stated that due to mistake of fact, the present case has been instituted.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the deposition of the witnesses including the informant and also the lockdown, it is directed that the petitioner, above named, be released on bail on his personal bond to the satisfaction of learned 1st Additional District & Sessions Judge, Rohtas at Sasaram in connection with POCSO Case No. 88/2019 arising out of Rajpur P.S. Case No. 59/2019. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T