Rajesh Singh @ Rajesh Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.55740 of 2016 (2) dt.11-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55740 of 2016 Arising Out of PS.Case No. -110 Year- 2016 Thana -CHANDRADEEP District- JAMUI ====================================================== Rajesh Singh @ Rajesh Kumar, son of Rajendra Prasad Singh, resident of Village- Noni, P.S.- Chandradeep, District- Jamui.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Bindeshwar Kumar For the Opposite Party/s : Mr. Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-01-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Chandradeep P.S. Case No. 110 of 2016 registered for the offences punishable under Section 354(A) of the Indian Penal Code and Sections 8, 10 of POCSO Act.

Allegedly, the petitioner told the informant to allow him to touch her breast whereupon the informant replied in negative stating that he is as her father and then the petitioner put her hands on her shoulder and demanded kiss by saying that he will give her mobile.

Submission is of false implication and due to misconception the case has been lodged. The statement of the victim girl has been recorded under Section 164 Cr.P.C. wherein she has not stated anything against the petitioner and as such he deserves

Patna High Court Cr.Misc. No.55740 of 2016 (2) dt.11-01-2017 sympathetic consideration.

Learned APP fairly submits that in the statement recorded under Section 164 Cr.P.C. the victim girl has not stated anything against the petitioner.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Ist Additional Sessions Judge, Jamui in connection with Chandradeep P.S. Case No. 110 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T