Sanjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52773 of 2019 Arising Out of PS. Case No.-125 Year-2019 Thana- KHUSRUPUR District- Patna ====================================================== 1.

SANJAY SINGH S/o Rajnandan Singh Permanent resident of villageSukhegchakra, P.S.- Khusrupur, District- Patna 2.

Subham @ Shubham @ Shubham Kumar @ Shubham Kr. S/o Sanjay Singh Permanent resident of village- Sukhegchakra, P.S.- Khusrupur, DistrictPatna 3.

Sunny Kumar S/o Sanjay Singh Permanent resident of villageSukhegchakra, P.S.- Khusrupur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harsh Singh For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-08-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Khusrupur P.S.Case No. 125 of 2019, disclosing offences under Sections 354-A and 34 of the Indian Penal Code, including Section 6 of the POCSO Act.

Allegedly, petitioner no.1 and his two sons, petitioner nos. 2 and 3, had molested the informant's daughter on the alleged date of occurrence.

Learned counsel for the petitioners has submitted that the case of the prosecution is highly improbable on the face of it. It is alleged in the FIR that the informant is 11 years old. It is

Patna High Court CR. MISC. No.52773 of 2019(2) dt.23-08-2019 2/2 highly improbable that the father and his two sons would indulge in the activities, as alleged in the FIR. I am, prima facie, convinced with the submission so advanced by the learned counsel for the petitioners. This application is accordingly allowed. Let the petitioners, above named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-1-cum-Special Judge, POCSO, Patna, in connection with Khusrupur P.S. Case No. 125 of 2019, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) HR/- U T