Batohi Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65262 of 2018 Arising Out of PS. Case No.-54 Year-2018 Thana- NAANPUR District- Sitamarhi ====================================================== Batohi Sah Son of Late Lakhan Sah Resident of Village-Sirsi, P.S. Nanpur, Distt.-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hari Kishore Thakur For the Opposite Party/s :

Mr. Sri Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-12-2018 The petitioner seeks bail in connection with Nanpur P.S.Case No. 54 of 2018 registered under Sections 342 and 376/34 of the Indian penal Code and Section 4 of the Protection of Children from Sexual Offences Act.

Allegation against the petitioner is that he dragged the prosecutrix inside the shop and committed rape upon her and she is minor.

Submission of learned counsel for the petitioner is that petitioner is aged about 71 years and evidence has come in paragraphs 28, 76 and 78 that informant was caught committing theft in the shop of the petitioner and petitioner was selling Gutkha. Thereafter this false and concocted case has been lodged and petitioner is in custody since 06.07.2018. Heard learned APP also.

Patna High Court Cr.Misc. No.65262 of 2018(3) dt.12-12-2018 2/2 Having heard both sides and in the facts and circumstances, as stated above, let the petitioner, abovenamed, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Addl. Sessions Judge, Sitamarhi in connection with Nanpur P.S. Case No. 54 of 2018 with condition that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) sujit/- U T