Shiv Balak Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65142 of 2019 Arising Out of PS. Case No.-19 Year-2019 Thana- MAHILA PS District- East Champaran ====================================================== Shiv Balak Sah, Son of Dhrup Sah @ Dhruv Sah @ Dhruv Prasad, Resident of Village-Baswariya Tola Turkaulia, P.S-Turkaulia, 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.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with Mahila P.S. Case No. 19 of 2019, registered under Sections 342, 354A, 354B, 376 and 511 of the Indian Penal Code and Sections 7/8 of the POCSO Act.
The accusation is that while the informant, aged about 14 years, cleaning her hand after attending the call of nature in the night of 30.04.2019 and her grandmother was sitting at Varamdah. At that time, petitioner came there and took her in the maize field and tried to outrage her modesty but on raising alarm, she anyhow succeeded to flee away. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.65142 of 2019(4) dt.17-02-2020 2/2 petitioner has falsely been implicated in the present case due to land dispute as petitioner is neighbour of the informant. It is further submitted that petitioner is in custody since 24.07.2019. 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 1st Additional Sessions Judge, Motihari, East Champaran, in connection with Mahila P.S. Case No. 19 of 2019. Out of two sureties, one surety must be the close relative of the petitioner.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T