Patna High CourtCR. MISC./39750/2020dismissed

Vishwanath Shah @ Bishwanath Sah v. The State Of Bihar

2021-03-09Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39750 of 2020 Arising Out of PS. Case No.-113 Year-2020 Thana- SARAI District- Vaishali ====================================================== VISHWANATH SHAH @ BISHWANATH SAH, Son of Late Hiralal Shah Resident of Village - Sarsai, P.S.- Sarai, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 354 (B) of the Indian Penal Code and Sections 8 and 10 of the POCSO Act, 2012. Allegation against the petitioner along with another accused person is of trying to commit rape to the victim. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner aged about 78 years old and he is a patient of Chronic Bronchal Asthama. The petitioner is languishing in judicial custody since 16.08.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition.

Learned APP for the State opposes the prayer for bail

Patna High Court CR. MISC. No.39750 of 2020(3) dt.09-03-2021 2/2 of the petitioner and submits that the statement of victim recorded under Section 164 Cr.P.C. has supported the prosecution case.

Considering the aforesaid facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected in connection with Sarai P.S. Case No.113/2020 from the Court of learned 1st Additional District and Sessions Judge cum Special Judge, Vaishali at Hajipur.

Accordingly, this application is dismissed.

However, petitioner is at liberty to renew his prayer for bail after framing of the charge.

(Anjani Kumar Sharan, J) amitkumar/- U T