Patna High CourtCR. MISC./45510/2019bail granted

Shekhar Prasad v. The State Of Bihar

2019-07-23Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45510 of 2019 Arising Out of PS. Case No.-93 Year-2019 Thana- MAHARAJGANJ District- Siwan ====================================================== Shekhar Prasad S/o Ramashray Prasad Resident of Village- Bishunpur Mahuri, P.S.- Maharajganj, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 377 of the Indian Penal Code and Sections 4/8 of POCSO Act.

Allegation is that the petitioner forcibly committed unnatural sex with younger brother of son-in-law of the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 31.03.2019. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no medical report in support of the allegations made in the F.I.R. It is

Patna High Court CR. MISC. No.45510 of 2019(2) dt.23-07-2019 2/2 further submitted that the petitioner may be released on bail after completion of six months in custody from 31.03.2019. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail after completion of six months in custody from 31.03.2019 on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Judge, Siwan in connection with POCSO Tr. No.138 of 2019 arising out of Maharajganj P.S. case No.93 of 2019 (G.R. No.08 of 2019).

(Sudhir Singh, J) Narendra/- U T