Shambhu Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61314 of 2019 Arising Out of PS. Case No.-43 Year-2019 Thana- BEN P.S. District- Nalanda ====================================================== SHAMBHU CHOUDHARY S/o Ramjatan Choudhary R/o village- Bara, P.S.- Ben, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar For the Opposite Party/s :
Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-09-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 376 of the Indian Penal Code and 4, 6, 8 and 12 of the POCSO Act.
The prosecution allegation in short is that the accused person forcibly committed rape on the nanad of the informant. It has been submitted on behalf of the petitioner that the petitioner is in custody since 4.4.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. The victim was examined by the Medical Board in which no sign of rape is said to have been
Patna High Court CR. MISC. No.61314 of 2019(2) dt.26-09-2019 2/2 found. The victim is said to be major. The allegations made in the F.I.R. is not supported by the report of the Medical Board. On behalf of the State, it is submitted that the petitioner is named in the F.I.R..
Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, 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 Additional Sessions Judge -1st -cum- Special Judge, Nalanda at Biharsharif in connection with Ben P.S. Case No. 43/2019. (Sudhir Singh, J) Pankaj/- U T