Patna High CourtCR. MISC./50285/2016bail granted

Yogeshwar Sharma @ Yugheshwar Sharma v. The State Of Bihar

2016-11-21Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50285 of 2016 Arising Out of PS.Case No. -148 Year- 2016 Thana -BAKHRI District- BEGUSARAI ====================================================== Yogeshwar Sharma @ Yugheshwar Sharma son of Late Ramroop Sharma, resident of village- Raon, P.S. Alouli, District- Khagaria .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-11-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 366(A)/34 but cognizance has been taken under sections 366(A), 506/34 of the Indian Penal Code and Sections 4 and 8 of the POCSO Act.

The allegation against the accused persons including the petitioner is of committing abduction of the daughter of the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.07.2016. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been

Patna High Court Cr.Misc. No.50285 of 2016 (2) dt.21-11-2016 2/2 named in the First Information Report merely on the basis of suspicion. Subsequently, the statement of victim was recorded under section 164 of the Cr.P.C. she has not named the petitioner nor any allegation has been made against him. On behalf of the state, it has been submitted that the petitioner is named in the F.I.R. The main allegation has been made against co-accused namely Ram Dular Sharma by the victim in her 164 Cr.P.C. statement.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Special Judge (POCSO) Act, Begusarai in connection with Bakhri P.S. Case No. 148 of 2016, POCSO Case No. 52 of 2016.

(Sudhir Singh, J.) Amit/- U T