Surendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67026 of 2019 Arising Out of PS. Case No.-479 Year-2018 Thana- PARBATTA District- Khagaria ====================================================== SURENDRA SAH Son of Late Ganesh Sah Resident of Village - Nauranga, P.S.- Parbatta, Dist.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Ravi Shankar For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-10-2019 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Parbatta P.S.Case No.479 of 2018 , registered for offences punishable under Sections 341, 323, 376, 34 of the Indian Penal Code and Section 6 of the POCSO Act.

As per the complaint petition, FIR has been lodged with allegation against the other accused persons of committing rape and the allegation against this petitioner is of assisting the other accused persons in commission of rape.

Submission of the learned counsel for the petitioner is that after investigation, the police has found the case true against another accused and so far this petitioner is concerned, the case has not been found true, however, the learned

Patna High Court CR. MISC. No.67026 of 2019(3) dt.23-10-2019 2/2 2019 Magistrate has taken cognizance against this petitioner also. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge 1st cum Special Judge, POSCO Act, Khagaria in connection with Parbatta P.S.Case No.479 of 2018, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T