Pankaj Bishwas @ Pankaj Vishwas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.903 of 2016 Arising Out of PS.Case No. -37 Year- 2015 Thana -SONBERSA District- SAHARSA =========================================================== Pankaj Bishwas @ Pankaj Vishwas son of Shambhu Bishwas, resident of villageSonbarsa Raj, P.S.-Sonbarsa, Raj, District- Saharsa .... .... Appellant/s
Versus
The State of Bihar .... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Amarnath Jha, Advocate For the Respondent/s : Mr. Binay Krishna, Spl.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 24-10-2016 Heard learned counsel for the appellant and learned counsel for the State.
2. This appeal under Section 14-A (2) of the Scheduled Castes and the Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short 'SC and ST Act') has been filed against the order dated 5.8.2016 passed by the learned 1st Additional Sessions Judge-cumSpecial Judge, Saharsa in POCSO Case No.15 of 2015/ Sonbarsa Raj P.S. Case No.37 of 2015 registered under Sections 341, 323, 447, 504 and 506/34 of the Indian Penal Code and Section 3(1)(x) of the SC and ST Act and Section 12 of the Protection of Children from Sexual Offences Act.
3. The informant, a student of Class-X, has alleged that the appellant Pankaj Bishwas and Indal Bishwas always used to
Patna High Court CR. APP (SJ) No.903 of 2016 dt.24-10-2016 2/3 misbehave with her while going to school and because of the said misbehavior she was compelled not to attend her school. She has further alleged that on 6th March, 2015, the appellant and co-accused Indal Bishwas came to her house and abused her.
4. It is submitted by the learned counsel for the appellant that the entire allegation is false and baseless. The appellant has been framed in this case for the reasons best known to the informant, as the appellant had never ever teased the informant. It is further contended that the appellant is in custody since 27th July, 2016 and apart from the present case, he has not been made accused in any other case. He has got roots in the society and is not likely to abscond, if released on bail.
5. Learned counsel for State has submitted that looking at the nature of allegation, the court below has rightly rejected the application for bail of the appellant.
6. Having regard to the submissions made at the Bar and keeping in mind the clean antecedent of the appellant, the order dated 5.8.2016 passed by the learned 1st Additional Sessions Judge-cumSpecial Judge, Saharsa in POCSO Case No.15 of 2015 is set aside. The appellant is directed to 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 learned 1st Additional Sessions Judge-cum-
Patna High Court CR. APP (SJ) No.903 of 2016 dt.24-10-2016 3/3 Special Judge, Saharsa in connection with Sonbarsa Raj P.S. Case No.37 of 2015 (POCSO Case No.15 of 2015)
6. The appeal stands allowed.
(Ashwani Kumar Singh, J) Md.S./- AFR/NAFR NAFR CAV DATE N/A Uploading Date 26.10.2016 Transmission Date 26.10.2016