Srikant Pandey @ Rishikant Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53454 of 2021 Arising Out of PS. Case No.-76 Year-2021 Thana- SURYAPUR District- Rohtas ====================================================== SRIKANT PANDEY @ RISHIKANT PANDEY SON OF LALAN PANDEY @ SIYARAMAN PANDEY R/O VILLAGE- KHAROJ, P.S.- SURAJPURA, DISTRICT- ROHTAS ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Singh For the Opposite Party/s :

Mr.Binay Krishna For the Informant : Mr. Krishna Kant Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-01-2022 Heard learned counsel for the petitioner, the State and the informant.

The matter has been taken up through video conferencing.

Petitioner seeks regular bail in a case registered for the offence punishable under Section 376, 302, 201 of the Indian Penal Code, u/s 4 of POCSO Act and u/s 3(2) (v)/ 3(i) (w) (ii) of SC/ST Act.

As per the prosecution case, the informant suspects that this petitioner committed rape with his daughter and killed her. It is further alleged that this petitioner earlier used to harass his daughter when she used to go to tuition. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case only on suspicion. There is no direct or indirect material against this petitioner to show his complicity in the aforesaid crime and only material material that has come during the

Patna High Court CR. MISC. No.53454 of 2021(3) dt.21-01-2022 2/2 course of investigation against this petitioner that he was seen moving around the place of occurrence on the day of occurrence. It is further submitted that the doctor has found no sign of rape and cause of death could not be ascertained. Petitioner is in custody since 22.06.2021 and investigation in this case is complete.

Learned counsel appearing for the State and the informant opposed the prayer for bail and submitted that petitioner has got criminal antecedent of similar nature and during the course of investigation it has come that petitioner was seen moving around the place of occurrence on the day of occurrence.

Considering the facts of the case, the period of custody of the petitioner and the fact that except suspicion there is no material against this petitioner, 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 Additional Sessions Judge-VII-cumSpecial Judge, POCSO Act, Rohtas at Sasaram in connection with Suryapura PS case No.76/2021.

(Prabhat Kumar Singh, J) BKS/- U T