Rajnandan Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1576 of 2018 Arising Out of PS.Case No. -75 Year- 2018 Thana -FATEHPUR District- GAYA ===========================================================
1. Rajnandan Pandit, Son of Late Madho Pandit, Resident of Village- Morbey, P.S.- Fatehpur, District- Gaya.
.... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Ajay Kumar Sinha For the Respondent/s : Mr.Sadanand Paswan,S.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 25-06-2018 Heard learned counsel for the parties.
This is an appeal under Section 14 (A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (hereinafter referred to as the " S.C/S.T Act") against the refusal of prayer for regular bail by the learned Additional District Judge-1st-cum-Special Judge, POCSO Act, Gaya in POCSO Case No.34 of 2018, arising out of Fatehpur P.S. Case No.75 of 2018 registered under Sections 376/511/34 of the Indian Penal Code as well as under Section 12 of POCSO ACT and Section 3(1)(w)(i)(ii) of the S.C./S.T. Act.
Allegation is that the appellant and co-accused attempted to outrage the modesty of the informant.
Patna High Court CR. APP (SJ) No.1576 of 2018 dt.25-06-2018 2/2 Submission is that the appellant is in custody since 20.03.2018. Investigation of the case is already complete. The appellant is local Mukhiya and for political reason, false case has been lodged. The parties have entered into compromise. Learned counsel for the informant is appearing and supports the factum of compromise.
Considering the aforesaid facts, let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-1st-cumSpecial Judge, POCSO Act, Gaya in POCSO Case No.34 of 2018, arising out of Fatehpur P.S. Case No.75 of 2018. Accordingly, the impugned order is set aside and this appeal stands allowed.
(Birendra Kumar, J) AnilKrSinha/- AFR/NAFR CAV DATE Uploading Date27.06.2018 Transmission Date 27.06.2018