Pappu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22348 of 2018 Arising Out of PS.Case No. -354 Year- 2017 Thana -KHIJARSARAI District- GAYA ====================================================== Pappu Singh, Son of Awdh Singh, Resident of Village- Ismailpur, P.S.- Khizarsari, District- Gaya.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shivendra Prasad For the Opposite Party/s : Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-07-2018 Heard.

The petitioner seeks regular bail in connection with Khizarsarai P.S. Case No. 354 of 2017 for the offences punishable under Sections 341, 323, 354(A), 354(B), 376, 511, 34 of the Indian Penal Code, and sections 8, 10, 12 of the POCSO Act and section 27 of the Arms Act.

The allegation against the petitioner herein is regarding the accused persons including the petitioner herein having tried to take away the victim girl and in the process, the accused persons are said to have assaulted the informant and other persons of the prosecution side.

The learned counsel for the petitioner has submitted that though charge sheet has been filed by the police but the same

Patna High Court Cr.Misc. No.22348 of 2018 (5) dt.06-07-2018 2/2 is not under the POCSO Act. It has been further submitted that the petitioner has been remanded in the present case and at time of alleged occurrence, the petitioner was in custody. The petitioner is languishing in custody since January, 2018.

Per contra, the learned counsel for the informant has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-I cum Special Judge (POCSO Act), Gaya in connection with Khizar Sarai P.S. Case No. 354 of 2017. It is further directed that the petitioner shall mark his attendance before the concerned Police station on every Monday of the week at 10 A.M. and co-operate in the investigation. His failure to mark attendance before the concerned police station on two consecutive dates would render the present order void. (Mohit Kumar Shah, J) BTiwary/-Md Rashid U T