Dhuri Ram Chandravansi v. The State Of Bihar

Patna High Court Cr.Misc. No.32057 of 2015 (3) dt.06-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32057 of 2015 Arising Out of PS.Case No. -205 Year- 2015 Thana -NAWADA District- NAWADA ======================================================

1. Dhuri Ram Chandravansi Son of Late Balgovind Ram, resident of village- Birju Milki, P.S.- Harnaut, District- Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Ray For the Opposite Party/s : Mr. R.S.Chaudhary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-11-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Nawada Town P.S. Case No. 205 of 2015 registered for the offences punishable under Sections 354 (B) of the Indian Penal Code and Sections 6 / 8 of POCSO Act.

Allegedly, the petitioner being the conductor of the Bus tried to commit sexual assault with Pinki Kumari aged six years the grand daughter of the informant but due to alarm being raised the passengers caught him, assaulted him and handed over him to the Police.

Submission is of false implication only on the basis of suspicion, there was no seat in the Bus and then the petitioner

Patna High Court Cr.Misc. No.32057 of 2015 (3) dt.06-11-2015 provided her a seat, no offence as alleged under Section 6 of POCSO Act is made out and the petitioner is suffering in custody since 27.03.2015 having no criminal antecedent. Learned APP opposes the prayer for bail.

In the facts and circumstances stated above and considering the period of detention of the petitioner at this stage, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Nawada in connection with Spl. POCSO Case No. 11 of 2015 arising out of Nawada Town P.S. Case No. 205 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T