Abhimanyu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50454 of 2019 Arising Out of PS. Case No.-35 Year-2019 Thana- MAHILA P.S. District- Rohtas ====================================================== Abhimanyu Singh, aged about 23 years, (Male), Son of Nathuni Singh Resident of Village - Gotahar, P.S.- Sheo Sagar, District- Rohtas ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Rajani Kant Singh, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 14-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 354 and 354A of the Indian Penal Code and Section 12 of the POCSO Act registered in connection with POCSO Case No. 44 of 2019 arising out of Mahila P.S. Case No. 35 of 2019.

3. It is submitted that the petitioner has been falsely implicated and the accusations against the petitioner are doubtful in nature. Reference has been invited to the complaint about the occurrence which had taken place on 06.05.2019 but the same has been filed on 08.05.2019, on the basis of which FIR has been instituted on 08.05.2019. There is no medical report to support the accusation of assault with Danda causing injuries on both her hands. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand)

Patna High Court CR. MISC. No.50454 of 2019(2) dt.14-08-2019 2/2 with two sureties of like amount each to the satisfaction of learned 1st Additional District and Sessions Judge, Rohtas at Sasaram in connection with POCSO Case No. 44 of 2019 arising out of Mahila P.S. Case No. 35 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) BT/- U T