Raja Nishad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53849 of 2019 Arising Out of PS. Case No.-25 Year-2019 Thana- MAHILA P.S District- West Champaran ====================================================== RAJA NISHAD Son of Rajbanshi Nishad Resident of Village - Dhanaha, P.S.- Dhanaha, Distt - West Champaran (Bettiah).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramchandra Sahni For the Opposite Party/s :
Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-08-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 376 of the Indian Penal Code and 4 of POCSO Act.
The prosecution allegation in short is that the accused person committed rape on her while she was on natural call. It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.5.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The victim has been examined by the Medical Officer. The report is Annexure-2 which does not support the allegation in respect of commission of rape.
Patna High Court CR. MISC. No.53849 of 2019(2) dt.27-08-2019 2/2 On behalf of the State, it is submitted that the petitioner is named in the F.I.R..
Considering the aforesaid facts and circumstances, it is directed that 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 -cum- Special Judge, SC/ST/POCSO), Bettiah, West Champaran in connection with Bagaha Mahila P.S. Case No. 25 of 2019.
(Sudhir Singh, J) Pankaj/- U T