Dablu Singh @ Prashant Singh @ Prashant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1437 of 2023 Arising Out of PS. Case No.-201 Year-2021 Thana- JAMALPUR District- Munger ====================================================== DABLU SINGH @ PRASHANT SINGH @ PRASHANT KUMAR S/o Bharat Singh R/o Village- Indrukh, P.S.- Jamalpur (Safiabad), now Naya Ram Nagar, Distt- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karuna Nath Sahay For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-04-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Jamalpur P.S. Case No. 201 of 2021, registered for offence punishable under section 376 of the Indian Penal Code and section 4 of the POCSO Act.

The learned counsel for the petitioner has submitted that, though the victim has levelled allegation of rape against the accused in the FIR, but she did not corroborate her statement. In her statement under section 164 of the Code of Criminal Procedure she has not corroborated her statement during trial in the court. She has been examined during trial as P.W. 3, but she did not support the prosecution version. She has stated categorically that nothing happened to her.

Patna High Court CR. MISC. No.1437 of 2023(2) dt.03-04-2023 2/2 Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (POCSO Act)- cum-A.D.J.-VI, Munger in connection with Jamalpur P.S. Case No. 201 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Mahesh/- U T