Rama Shankar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45311 of 2021 Arising Out of PS. Case No.-454 Year-2021 Thana- PHULWARISHARIF District- Patna ====================================================== Rama Shankar S/O Late Birendra Kumar R/O Village-Manhgupur, P.SJanipur, District-Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar Pandey, Adv For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-10-2021 Let the defect (s) be removed within two weeks of the complete start of the physical Court.

Heard the parties.

Petitioner seeks bail in a case registered for the offences punishable under Sections 354(B) and 509 IPC and Section 10 of the POCSO Act.

This matter was listed for out of turn hearing as it was informed that the petitioner is 40% physically handicapped. A certificate in support thereof has been annexed. Allegation against the petitioner is of sexual harassment to the informant while the informant was getting treatment of her mother in the hospital.

Submission is that for trivial dispute, false case has been lodged. Petitioner has got no criminal antecedent. He is in

Patna High Court CR. MISC. No.45311 of 2021(2) dt.28-10-2021 2/2 custody since 30.05.2021. Investigation of the case is already complete.

The FIR reveals that the informant was acquainted with the petitioner since long.

Considering the facts of this case aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Phulwarisharif Police Station Case No.454 of 2021, Special (POCSO) Case No.73 of 2021 with following conditions:

(a) Both the bailors shall be resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Nitesh/- U T