Dilip Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63262 of 2023 Arising Out of PS. Case No.-78 Year-2023 Thana- MUNGER MUFFASIL District- Munger ====================================================== DILIP SINGH Son of Mato @ Matara Singh R/o vill - Bhelwa, P.S. - Muffassil, Distt. - Munger ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner registered for the offence punishable under Sections 376/34 of the Indian Penal Code and 4/8 of the POCSO Act.

As per allegation in the FIR, accused Chandan Kumar and Deepak Kumar dragged the informant, aged about 16 years, to a nearby maize field and committed rape upon her. Allegation against the petitioner and two others is of catching hold the victim girl.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner is handicapped person. Specific allegation of

Patna High Court CR. MISC. No.63262 of 2023(2) dt.09-10-2023 2/2 committing rape is against Chandan Kumar and Deepak Kumar and not against the petitioner. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 3.8.2023 passed in Cr. Misc. No. 47129 of 2023. Petitioner is languishing in judicial custody since 10.5.2023.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge POCSO Act-cum-Additional Sessions Judge 6th, Munger in connection with Muffasil P.S. Case No. 78 of 2023. (Sunil Kumar Panwar, J) sushma/- U