← Library
Patna High CourtCR. APP (SJ)/1658/2018allowed

Shailendra Sharma v. The State Of Bihar

2018-05-30Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1658 of 2018 Arising Out of PS.Case No. -69 Year- 2018 Thana -OBRA District- AURANGABAD ===========================================================

1. Shailendra Sharma, S/o Ramjanam Sharma @ Ramjanam Singh, R/o VillageKaithi P.S.- Obra, District- Aurangabad. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Ravindra Kumar, Adv For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 30-05-2018 Heard learned counsel for the parties.

This is an appeal under Sections 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for bail by the learned 1st Additional Sessions Judge-cum-Special Judge (POCSO) Act in connection with Obra P.S.Case No. 69 of 2018 registered under Sections 341/323/324/376/511 of the Indian Penal Code, under Sections 3(i) (r)/3(1)(w) of the Scheduled Castes and Scheduled Tribes Act and Section 8 of the Protection of Children from Offences Act, 2012.

Allegation against the appellant is of commission of sexual harassment and sexual assault against the informant. The Doctor has found sign of tooth bite at the cheek of the

Patna High Court CR. APP (SJ) No.1658 of 2018 dt.30-05-2018 informant. Appellant is in custody since 21.3.2018. Considering the nature of allegation, let the appellant, above named, be released on bail on completion of six months of custody on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with condition that the appellant shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant. Accordingly, the appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date31.05.2018 Transmission Date 31.05.2018