Sant Manmohan Saheb v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47005 of 2019 Arising Out of PS. Case No.-5 Year-2019 Thana- MAHILA P.S District- Supaul ====================================================== SANT MANMOHAN SAHEB Son of Late Gousai Yadav Resident of Village- Panch Bhinda, P.S.- Marauna, District- Supaul. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gagan Deo Yadav For the Opposite Party/s :
Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-07-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 376, 504, 506, 509 of the Indian Penal Code and 4 and 6 of POCSO Act.
The prosecution allegation in short is that the accused person committed rape on the petitioner and also made video of the same.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.1.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. The victim has also been
Patna High Court CR. MISC. No.47005 of 2019(2) dt.31-07-2019 2/2 examined. Her deposition is Annexure-3 to the present application in which she has not supported the allegation made in the F.I.R.. The allegation of commission of rape is also denied.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R..
Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.D.J.-1-cum- Special Judge, POCSO Act, Supaul in connection with Mahila P.S. Case No. 5/2019.
(Sudhir Singh, J) Pankaj/- U T