Nago Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70485 of 2024 Arising Out of PS. Case No.-49 Year-2024 Thana- Bhawanipur District- Bhagalpur ====================================================== Nago Sharma S/o- Late Jagdeo Sharma Village- Mohanpur PS-Bhawanipur Dist-Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mr. X x ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP For the Informant :

Mr. Amrendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-12-2024 Heard learned counsel for the petitioner and learned APP for the State as also learned counsel for the Informant. Perused the case diary.

2.

The petitioner seeks bail in connection with Bhawanipur P.S. Case No. 49 of 2024 instituted for the offence under Sections 147, 149, 323, 354, 354B of the Indian Penal Code and Sections 7 & 8 of the POCSO Act.

3.

As per prosecution case, allegation against the petitioner is of molesting and sexually assaulting the minor daughter of the informant.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 04-05-2024. Petitioner

Patna High Court CR. MISC. No.70485 of 2024(3) dt.10-12-2024 2/3 bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. There is land dispute between the parties. There is no eye witness to the occurrence. There is case and counter case between the parties bearing Bhawanipur P.S. Case No. 50 of 2024. It is next submitted that from bare perusal of the FIR itself, it would manifest that victim has mental disorder. It is lastly submitted that police after investigation has already submitted charge sheet in this case.

6.

Learned A.P.P. for the State and learned counsel for the Informant have vehemently opposed the prayer for grant of bail to the petitioner.

7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being no cogent material available in the case diary and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner 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

Patna High Court CR. MISC. No.70485 of 2024(3) dt.10-12-2024 3/3 Court below/concerned Court in connection with Bhawanipur P.S. Case No. 49 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T