Jaylal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66851 of 2022 Arising Out of PS. Case No.-33 Year-2022 Thana- MAHILA PS District- Buxar ====================================================== JAYLAL SINGH S/O Madan Singh R/O Village- Puliyan , P.S- Buxar Muffasil ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha, Adv.

For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with POCSO Case No. 50 of 2022 arising out of Buxar Mahila P.S. Case No. 33 of 2022 dated 18.05.2022 registered for the offence under Sections 376D, 323, 120B and 34 of the Indian Penal Code and Section 4 of the POCSO Act.

According to the F.I.R., the informant, who is minor, alleged that the co-accused, Ajay Gupta, who stated to be a tantric, used to commit rape upon her after having consent from her parents.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that

Patna High Court CR. MISC. No.66851 of 2022(3) dt.28-04-2023 2/3 the allegation as alleged in the F.I.R. is false and fabricated as no such occurrence took place. He further submits that both the victims in their statement recorded under Section 161 Cr.P.C. have clearly stated that the petitioner has not committed any wrong with them. They have also stated that the main culprit is their mother and father they used to assault her and they have permitted the co-accused, Ajay Gupta to establish physical relation with them for want of son. They have also categorically stated that the petitioner has always tendered helping hand to them and the he is being implicated by their parents in this case. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 21.05.2022. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner 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 A.D.J.-6th -cumSpecial Judge, POCSO Act, Buxar in connection with POCSO Case No. 50 of 2022 arising out of Buxar Mahila P.S. Case No. 33 of 2022 with the following conditions:-

Patna High Court CR. MISC. No.66851 of 2022(3) dt.28-04-2023 3/3

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T