Patna High CourtCR. MISC./52411/2023bail granted

Shubham Kumar Singh v. The State Of Bihar

2023-08-23Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52411 of 2023 Arising Out of PS. Case No.-531 Year-2019 Thana- SASARAM NAGAR District- Rohtas ====================================================== SHUBHAM KUMAR SINGH S/O ASHOK SINGH R/O VILLAGESADOKHAR, PS. CHENARI, DIST. ROHTAS ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr.Usha Kumari 1, Spl PP For the Informant :

Mr. Rabindra Kumar, Adv Smt. Shailja, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned counsel for the special public prosecutor and learned counsel for the informant.

2. This application is filed for grant of regular bail in connection with POCSO Case No. 59 of 2019 arising out of Sasaram (Darigaon) P.S. Case No. 531 of 2019 registered under section 376(D), 379, 34 of the Indian Penal Code, Section 4/8 of POCSO Act and Section 3(1)(r)(s)(w) of SC/ST Act.

3. As per the prosecution case, the petitioner is said to have committed rape upon the minor victim. During the investigation, the police has found the case to be false against the petitioner and final form was submitted exonerating him.

4. The Trial Court has deferred with the final form

Patna High Court CR. MISC. No.52411 of 2023(2) dt.23-08-2023 2/2 and taken cognizance against him and the petitioner is in custody since 27.06.2023.

5. During the investigation, the police has verified the fact that the petitioner was not present at the spot and was present in Madhya Pradesh appearing for his 6th semester of Diploma Civil Engineering in RKDF Institute Science and Technology, Bhopal (M.P.)

6. Learned A.P.P. has vehemently opposed the prayer for bail.

7. Considering the period of custody and the nature of allegation levelled against the petitioner, this application for regular bail is allowed.

8. 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 learned Additional Sessions Judge-VI-cum-Exclusive Special Court, POCSO, Rohtas and Sasaram in connection with in connection with POCSO Case No. 59 of 2019 arising out of Sasaram (Darigaon) P.S. Case No. 531 of 2019.

9. The petitioner is directed to cooperate in the trial. (Sandeep Kumar, J) sunnykr/- U