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Patna High CourtCR. MISC./35950/2017bail granted

Shiv Shankar Singh @ Sheo Shankar Singh v. The State Of Bihar

2017-08-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35950 of 2017 Arising Out of PS.Case No. -99 Year- 2017 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Shiv Shankar Singh @ Sheo Shankar Singh, son of Late Mangal Singh, R/o Village- Mathiya, P.S.- Kesariya, District- East Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dhurendra Kumar For the Opposite Party/s : Mr. Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-08-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Keshariya P.S.Case No. 99 of 2017 registered for the offences punishable under Sections 341, 323, 354, 504, 506 of the Indian Penal Code and 8 of POCSO Act.

Allegation against the petitioner is that on the plea of returning rupees one thousand, which has been taken from mother of the victim as loan, he has taken her inside the room and closed the door.

It has been submitted on behalf of the petitioner that as per FIR there is nothing against the petitioner except that he has taken the victim inside the room and there was dispute with respect to payment of loan and he is in custody for four months and charge-sheet in this case has been submitted. Heard learned APP also.

Having heard both sides and considering the aforesaid

Patna High Court Cr.Misc. No.35950 of 2017 (2) dt.09-08-2017 2/2 facts and circumstances, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge-cum-Special Judge, POCSO Act, East Champaran at Motihari, in connection with Keshariya P.S.Case No. 99 of 2017, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U