Basu Uraon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52479 of 2022 Arising Out of PS. Case No.-310 Year-2020 Thana- MANER District- Patna ====================================================== BASU URAON S/o Sukhnath Uraon @ Sukhnath Oraon Resident of VillageChhot Chorgain, P.S.- Kisko Hisri, District- Lohardaga (Jharkhand). ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay, Advocate For the Opposite Party/s :

Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

The petitioner seeks bail in a case instituted for the offences under Sections 323, 341, 342, 376(DA), 417, 120(B) of the Indian Penal Code and 4/6 of the POCSO Act. Prosecution allegation, in short, is that the accused persons including the petitioner committed rape on her. It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.06.2020 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of

Patna High Court CR. MISC. No.52479 of 2022(2) dt.16-12-2022 2/2 witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. During the trial, the victim/informant in her deposition has refused to identify the petitioner as one of the miscreants. The deposition of the victim /informant is Annexure-2 to the present application. 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 learned Addl. District and Sessions Judge-VII-cum- Exclusive Special Court POCSO, Act, Patna in connection with Special Case No. 117/2020, arising out of Maner P.S. Case No. 310/2020.

(Sudhir Singh, J) Pankaj/- U T