Dubey Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29517 of 2016 Arising out of P.S. Case No.96, Year- 2016, Thana -TEGHRA District- BEGUSARAI ====================================================== Dubey Singh, s/o late Janak Singh, resident of village - Madhurapur Bichala Tola, Police Station Teghara, District - Begusarai .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Adv. For the State : Mr. Humayou Ahmad Khan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 26-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 376, 511 of the Indian Penal Code and Sections 7 and 8 of the POCSO Act.
The accusation against the petitioner is that he made an attempt to commit rape on the informant's minor daughter. The statement of the victim was recorded under Section 164 Cr. P.C. in which she stated that when she along with her sister had gone to cut grass from the field, the petitioner caught hold her but she raised alarm, upon which, the petitioner assaulted her and did nothing. Petitioner is in jail custody since 3.5.2016. Submission on behalf of the petitioner is that the
Patna High Court Cr.Misc. No.29517 of 2016 (2) dt.26-07-2016 2/2 informant lodged this false case due to enmity as the petitioner had asked the victim not to cut grass from his field and this was the main reason of false implication of the petitioner in the present case.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of 1st Additional District & Sessions Judge, Begusarai, in connection with Teghara P.S. Case No. 96 of 2016/G.R. No. 1086 of 2016/POCSO Case No. 12 of 2016.
(Hemant Kumar Srivastava, J) S.Ali/- U T