Manish Kumar Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.13965 of 2015 (4) dt.17-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13965 of 2015 Arising Out of PS.Case No. -102 Year- 2014 Thana -RIVILGANJ District- SARAN ======================================================

1. Manish Kumar Singh Son of Lall Saheb singh Resident of Village- Barka Baiju Tola, P.s- Rivilganj, District- Chapra .... Petitioner

Versus

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

For the Petitioner : Mr. Ravindra Kumar, Advocate For the State : Mr. Braj Kishore Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 17-08-2015 Heard the learned counsel for the petitioner, the State and the informant.

This is a petition for grant of regular bail for offence under Sections 376, 302 and 201 of the Penal Code and 4 and 5 of the Protection of Children from Sexual Offences Act. There is no eye witness to the occurrence. The case hinges on circumstantial evidence and only circumstance that it was a case of last seen, which has also not been well established. In paragraph 34 of the case diary, there was rumour that the victim-deceased was with the petitioner, however, the evidence comes at a belated stage about the last seen. Hence, having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with POCSO Case No. 10 of 2014 arising out of Rivilganj P.S. Case No. 102 of 2014 to the satisfaction of the Additional Sessions Judge, I, Saran at Chapra.

(Gopal Prasad, J) SA/- U √ T √