Amit Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29756 of 2020 Arising Out of PS. Case No.-182 Year-2020 Thana- MASAUDHI District- Patna ====================================================== AMIT SAO Son of Jagdish Sao Resident of Village - Etwarpur, P.S. - Parsa Bazar, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case for the offence registered under Section 376 of the Indian Penal Code and Section-4 of POCSO Act.

Prosecution case as per the written complaint of the informant is that the accused petitioner forcibly committed rape with her minor daughter aged about 15 years.

Patna High Court CR. MISC. No.29756 of 2020(2) dt.10-11-2020 2/2 It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 14-03-2020. Charge sheet/Prosecution report in this case has already been submitted. The statement of the victim has been recorded under Section 164 Cr.P.C., wherein she has not supported the allegation of commission of rape. The said statement is Annexure-2 to the present application.

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

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-Ist-cum-Special Judge, POCSO Act, Patna in connection with Special Case No. 60 of 2020 arising out of Masaurhi P.S. Case No. 182 of 2020. (Sudhir Singh, J) A.K.V.//- U T