Pujari Dubey v. The State Of Bihar

Patna High Court Cr.Misc. No.32505 of 2016 (3) dt.17-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32505 of 2016 Arising Out of PS.Case No. -363 Year- 2015 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Pujari Dubey Son of Janak Dubey, resident of village- Salahi , P.S. - Majhouliya, District-West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Smt. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 376, 511/34 of the I.P.C. as well as Sections 3(i)(xi) of the SC & ST Act and Sections 8, 10 of the POCSO Act.

The allegation against the petitioner is that he along with another accused tried to molest the daughter of the informant and on protest by the father of the victim, he was also abused and insulted.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 9.3.2016 and the charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of

Patna High Court Cr.Misc. No.32505 of 2016 (3) dt.17-09-2016 witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. From perusal of the Annexure-2 to the present application, it is evident that there is admitted dispute between the parties. The other co-accused has been granted bail vide Cr.Misc.No.26404 of 2016. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. 1st, Bettiah, West Champaran in connection with Majhouliya P.S. case No.363 of 2015/ S.G.R. No.65 of 2015. (Sudhir Singh, J) Narendra/- U T