Buchkun Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56424 of 2019 Arising Out of PS. Case No.-31 Year-2019 Thana- KAJRAILICHAK District- Bhagalpur ====================================================== BUCHKUN DAS, aged about 30 years (M), Son of Sri Subhash Das, Resident of Village- Goura Chaki Scheduled Case Tola, P.S.- Kajraili, District- Bhagalpur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Indeshwari Prasad Mandal, Advocate.

For the Opposite Party :

Mrs.Indu Kumari Srivastava, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-09-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 14.05.2019 in a case for the offence registered under Sections 376, 504 of the IPC and 4 of POCSO Act, 2012. The prosecution story, in brief, is that on 13.04.2019 at about 9.30 O'clock, when the informant returned from her maternal home (Naihar) and entered into her room, she found her husband in compromising position with a girl. She asked about her and what was going on between them, her husband started abusing her. Then the Officer-in-charge of Kajraili Police Station came and took her husband and the girl. It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.56424 of 2019(2) dt.06-09-2019 2/2 petitioner that the petitioner has got no criminal antecedent Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Due to family dispute, the present case has been instituted. The victim girl who was caught with the petitioner in compromising position was examined by the Medical Officer. No positive sign of rape is said to have been found upon her. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, 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 the learned Additional Sessions Judge-Ist-cum-Special Judge, POCSO Act, Bhagalpur, in connection with Kajraili P.S. Case No. 31 of 2019. (Sudhir Singh, J) U.K./- U T