Dinesh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74618 of 2018 Arising Out of PS. Case No.-18 Year-2018 Thana- MAHILA P.S. District- Bhagalpur ====================================================== Dinesh Ray Son of Late Dukha Ray Resident of Village-Singkund Balu Tola,P.S. Nadi,Distt.-Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Thakur Mr. Nilesh Kumar For the Opposite Party/s :

Mr.Sri Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-01-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Naugachia Mahila P.S. Case No. 18/2018, instituted for offence under Section(s) 376, 504 and 506/34 of the Indian Penal Code read with Section 4 of POCSO Act.

Learned counsel for the petitioner has submitted that in this case police after investigation has submitted charge-sheet for the offence under Section 354B, 504 and 506/34 of the Indian Penal Code and Section 8 of POCSO Act, 2012 and cognizance has accordingly been taken against this petitioner. It is alleged in the written report that on the date of occurrence daughter of informant had gone to attend call of nature in the maize field but she did not return. Wife of

Patna High Court Cr.Misc. No.74618 of 2018(3) dt.11-01-2019 2/2 informant went to search her, who heard the sound of cry of her daughter which was coming from the Bathan of Dinesh Rai. Thereafter wife of informant found this petitioner was committing illegal act with her daughter. On alarm, petitioner fled away.

Medical report of victim girl is available in case diary, wherein doctor has found no any physical injury on the whole body including the private part. Doctor has opined that there is no evidence of recent sexual intercourse.

Petitioner is in custody since 13.08.2018.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 the learned Addl. District & Sessions Judge 1st- cum- Special Judge, POCSO Act, Bhagalpur in connection with Naugachia Mahila P.S. Case No. 18/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) rakhi/- U T