Dashrath Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50338 of 2019 Arising Out of PS. Case No.-72 Year-2019 Thana- WARISLIGANJ District- Nawada ====================================================== Dashrath Chauhan Son of Jagdish Chauhan Resident of Village - Mai Khaira Beldari, P.S. - Warisaliganj, District - Nawada. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 354(b), 376 of the Indian Penal Code and Section 4 of POCSO Act.

Allegation is that while the grand daughter of the informant was cutting grass, the petitioner went there and downed her on the earth and forcibly torn her frock and remove her pant and inserted the finger in her private part. When she cried, the informant went there and the petitioner fled away. It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.02.2019 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged

Patna High Court CR. MISC. No.50338 of 2019(2) dt.13-08-2019 2/2 against the petitioner. The petitioner has falsely been implicated in the present case. The medical report does not support the allegations made in the F.I.R. The informant has filed a petition in the court below in which she has retracted from the allegations made in the F.I.R. The petitioner has been made accused due to mistake of fact.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let 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 1st Additional District and Sessions Judge-cum-Special Judge, Nawada in connection with POCSO cacse No.14 of 2019 arising out of Warisaliganj P.S. case No.72 of 2019.

(Sudhir Singh, J) Narendra/- U T