Patna High CourtCR. MISC./54993/2023allowed

Harihar Singh v. The State Of Bihar

2023-09-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54993 of 2023 Arising Out of PS. Case No.-148 Year-2023 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== HARIHAR SINGH S/o- LATE SHARWAN SINGH village- Muri PsChainpur Dist- Kaimur Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 377 of the Indian Penal Code and Section 6 of the POCSO Act.

3. As per prosecution case, the petitioner is alleged to have committed unnatural offence with the minor son of the informant, aged about 12 years when he went to oil expeller mill of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dirty village politics. Medical report of the victim has not supported the prosecution in which, no sexual injuries were found on the body part of the

Patna High Court CR. MISC. No.54993 of 2023(3) dt.20-09-2023 2/2 victim during medical examination. From perusal of case diary, it appears that this a case of only attempting to commit unnatural offence. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is very old aged person who is languishing in judicial custody since 8.7.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chainpur P.S. Case No. 148 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, POCSO cum-Additional District Judge-VI, Kaimur at Bhabhua.

(Sunil Kumar Panwar, J) Amandeep/- U T