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Patna High CourtCR. MISC./69513/2019bail granted

Chandra Kishore Sharma @ Laltun Sharma @ Lalkun Sharma v. The State Of Bihar

2020-02-18Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69513 of 2019 Arising Out of PS. Case No.-103 Year-2019 Thana- BIHRA District- Saharsa ====================================================== Chandra Kishore Sharma @ Laltun Sharma @ Lalkun Sharma, Son of Bishun Deo Sharma Resident of Village - Kataiya, P.S.- Bihra, Distt - Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-02-2020 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. 24 of 2019, arising out of Bihra P.S. Case No. 103 of 2019, registered under Sections 341, 323, 354(B) and 504 of the Indian Penal Code and Section 8 of the POCSO Act.

The accusation is that on 19.06.2019 at about 3.00 P.M. daughter of the informant aged about 12 years has gone to attend call of nature inside the canal situated in the west of the village. At that time, petitioner, seeing her alone started to make attempt to commit rape upon her. In the meantime, informant, who was passing through that place, saw Chandra Kishore Sharma @ Laltun Sharma @ Lalkun Sharma

Patna High Court CR. MISC. No.69513 of 2019(3) dt.18-02-2020 2/2 (Petitioner) lying over her daughter's body. On seeing the informant, he fled away in north direction. Thereafter, her daughter came near her, in weeping condition, and disclosed that petitioner was making attempt to commit rape by pressing her breast. Thereafter, informant along with her daughter came at her house and went to the house of petitioner to make complain, but Bishundeo Sharma, father of the petitioner, threatened her for dire consequences.

Learned counsel for the petitioner submits that petitioner has no criminal antecedent and he is in custody since 23.06.2019 and on investigation, Police has already submitted Chargesheet.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J-I-cum-Special Judge, POCSO Act, Saharsa in connection with POCSO Case No. 24 of 2019, arising out of Bihra P.S. Case No. 103 of 2019. (Rajendra Kumar Mishra, J) manish/- U T