Patna High CourtCR. MISC./6636/2015bail granted

Sohan Rabidas v. The State Of Bihar

2015-02-19Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.6636 of 2015 (2) dt.19-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6636 of 2015 Arising Out of PS.Case No. -41 Year- 2014 Thana -MAHILA P.S. District- BHAGALPUR ======================================================

1. Sohan Rabidas Son of Late Etbari Rabidas, Resident of VillageDayalpur, P.S. Bihpur, District- Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mrityunjay Kumar For the Opposite Party/s : Mr. Yogendra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 19.02.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner is in jail custody since 31.12.2014 on the accusation that he attempted to remove pant of 8 years old girl on 18.8.2014.

The contention on behalf of the petitioner is that Bihpur (Jhandapur O.P.) P.S. Case no. 273/2014 was lodged by son of the petitioner against prosecution party as prosecution party badly assaulted the petitioner as well as his other family members prior to institution of the present case and in retaliation to the above stated Bihpur (Jhandapur O.P.) P.S. Case no. 273/2014, informant lodged this case. It is further contended by him that victim contradicted the prosecution story in her statement under section 164 Cr.P.C. As a matter of fact, victim made tutored statement. It is further contended by him that the petitioner is old man aged about 75 years.

Patna High Court Cr.Misc. No.6636 of 2015 (2) dt.19-02-2015 Considering the aforesaid facts and circumstances as well as submissions of the parties and also keeping in mind the period of detention of the petitioner in jail custody, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge Icum- Special Judge (POCSO) Act, Bhagalpur in GR case no. 983/2014 arising out of Naugachia Mahila P.S. Case no. 41/2014. shahid (Hemant Kumar Srivastava,J) U T