Hira Ravidas @ Hira Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44419 of 2016 Arising Out of PS.Case No. -528 Year- 2015 Thana -BARH District- PATNA ====================================================== Hira Ravidas @ Hira Das, Son of Late Balgovind Das, Resident of VillagePurani Barh, Umanath Mandir, Barh, P.S.- Barh, District- Patna. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ramesh Singh, Advocate Mr. Arbind Kumar, Advocate For the Opposite Party : Smt. Suman Kumari Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-02-2017 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the offence under Sections 376/511 of the Indian Penal Code and Section 8 of POCSO Act.

It has been submitted that the petitioner is aged 69 years. He has falsely been implicated on account of enmity. He is in custody since 18.05.2016. There is no any injury found on the person of the victim girl.

There is allegation in the written report that three and half years old daughter of the informant was not found in the house, thereafter the elder sister Manisha Kumari went to search in the house of the petitioner and found the petitioner had opened his

Patna High Court Cr.Misc. No.44419 of 2016 (5) dt.02-02-2017 2/2 pant and also opened the pant of her sister. The statement of Manisha Kumari was recorded wherein she has stated similarly. The injury of the victim girl Sapna Kumari is available in the case diary, wherein doctor has stated that no spermatozoa were found alive or dead. Petitioner is said to be in custody since 18.05.2016. Considering the aforesaid facts and circumstances of the case, let 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 1st Additional Sessions Judge, Patna, in connection with Special Case No. 158 of 2015 arising out of Barh P.S. Case No. 528 of 2015, subject to the condition that both the bailors will be the close relative of the petitioner.

(Sanjay Priya, J.) ravi/- U T