Patna High CourtCR. MISC./80305/2018bail granted

Baban Rajak v. The State Of Bihar

2019-05-02Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80305 of 2018 Arising Out of PS. Case No.-114 Year-2018 Thana- KHUDAGANJ District- Nalanda ====================================================== Baban Rajak Son of Late Tunu Rajak Resident of Village-Mahmooda, P.S.- Khuda Ganj District-Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 354 of the Indian Penal Code and 12 of POCSO Act. Allegation against the petitioner is of committing sexual assault upon the daughter of the informant. It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.10.2018 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is aged about 70 years. Both the parties are neighbours. For oblique reasons, the present case has been instituted. It is further submitted that the petitioner

Patna High Court CR. MISC. No.80305 of 2018(3) dt.02-05-2019 2/2 may be released after completion of nine months in custody from 20.10.2018.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail after completion of nine months in custody from 20.10.2018 on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Addl. Sessions Judge, Nalanda at Biharsharif in connection with Khudaganj P.S. case No.114 of 2018.

(Sudhir Singh, J) Narendra/- U T