Raju Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63107 of 2019 Arising Out of PS. Case No.-41 Year-2019 Thana- MAHILA PS District- East Champaran ====================================================== RAJU KUMAR SHARMA Son of Bhagwan Sharma Residence of VillageRaghunathpur Ward No. 4, P.S.- Turkauliya, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma For the Opposite Party/s :
Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-11-2019 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 328, 506, 354A, 376, 384 of the Indian Penal Code, 67A of I.T. Act and 4 and 6 of POCSO Act. The prosecution allegation, in short, is that the accused person committed rape on the informant and recorded the same and was demanding Rs. 2 lacs for deleting the same. It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.4.2019 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 medical examination report
Patna High Court CR. MISC. No.63107 of 2019(2) dt.14-11-2019 2/2 of the victim does not support the allegation made in the F.I.R. Subsequently, a petition has been filed in the Court below where the victim has retracted from her earlier statement made in the F.I.R. The said petition is Annexure-4 to the present application. 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 learned 1st Additional Sessions Judge, East Champaran at Motihari in connection with Mahila P.S. Case No. 41 of 2019. (Sudhir Singh, J) Pankaj/- U T