Dilip Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 45438 of 2019 Arising Out of PS Case No.-13 Year-2019 Thana- BATH District- Bhagalpur ====================================================== Dilip Sah, aged about 42 years, Male Son of Late Mahesh Sah Resident of Village- Asarganj P.S. - Asarganj, District- Munger. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N. K. Agrawal, Sr. Advocate Mr. P. K. Sinha and Ms. Preety Kunwar, Advocates For the State :
Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 11-12-2019 Heard Mr. N. K. Agrawal, learned senior counsel for the petitioner and Mr. Satyavrat Verma, learned APP for the State.
2. The petitioner seeks bail in Special Case POCSO No. 22 of 2019 arising out of Bath PS Case No. 13 of 2019 dated 20.03.2019 instituted under Sections 376 of the Indian Penal Code and 3/4 of The Protection of Children from Sexual Offences Act, 2012.
3. The allegation against the petitioner is that he had taken away the one and a half year old daughter of the informant and upon crying, the neighbours had come and caught him, but the allegation is false as the petitioner was the tenant of the informant and due to dispute, he has been falsely implicated in this case.
Patna High Court CR. MISC. No.45438 of 2019 dt.11-12-2019 2/2 Learned counsel submitted that neither spermatozoa nor any physical injury has been found on the body. It was submitted that the petitioner is in custody since 21.03.2019.
4. Learned APP, from the case diary, submitted that the neighbours had come and caught hold of the petitioner and was also beaten up. It was further submitted that no father would make such allegation, which has also damaged the reputation of his daughter itself and that many neighbours has come to the place of occurrence and had caught hold of the petitioner and he was handed over to the police.
5. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to enlarge the petitioner on bail.
6. Accordingly, the application stands dismissed. (Ahsanuddin Amanullah, J.) Anand Kr.
AFR/NAFR U T