Muneshwar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64416 of 2019 Arising Out of PS. Case No.-15 Year-2019 Thana- MAHILA P.S. District- Vaishali ====================================================== MUNESHWAR BHAGAT Son of Bishwanath Bhagat Resident of Village - Rampur Shyamchand, P.S.- Raghopur, Distt - Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramesh Kumar Choudhary For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 376(D)(A) of the Indian Penal Code and Section 4 of the POCSO Act.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has not committed any offence. In fact, the doctor has examined the informant as well as the petitioner and found no evidence of recent sexual act, therefore, no case under Section 376 of the Indian Penal Code is made out against the petitioner, the medical examination report of informant and the petitioner is annexed as Anneure-4 an 4/1. Moreover, the petitioner

Patna High Court CR. MISC. No.64416 of 2019(2) dt.13-11-2019 2/2 has made accused on account of earlier enmity this fact is evident from Annexures-2 and 3. The petitioner is rotting in judicial custody since 03.05.2019.

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 Additional Sessions Judge-1st -cum- Special Judge, Hajipur, Vaishaili in connection with Mahila (Vaishali) P.S. Case No. 15 of 2019.

(Arvind Srivastava, J) brajesh/- U T