Kedar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77431 of 2018 Arising Out of PS. Case No.-267 Year-2018 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Kedar Sah, S/o Sukhdeo Sah, R/o Vill.- Dighwa Dubauli, P.S.- Baikunthpur, District- Gopalganj.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amitesh Kumar, Advocate For the Respondent/s :

Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 15-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Baikunthpur P.S. Case No.267 of 2018 instituted for the offence under Section(s)376(B)(F)(f) Indian Penal Code, Section 4, 6, 8 and 10 of the POCSO Act and Section 3(i)(r)(w) 2 (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Counsel for the petitioner submits that victim girl has given statement under Section 164 Cr.P.C., wherein, she has stated that petitioner was not present at the time of occurrence. In the written report, it is stated that this petitioner took the victim inside the shop and closed the door from outside. Then Rupam Kumar and Durgesh Kumar committed

Patna High Court Cr.Misc. No.77431 of 2018(2) dt.15-01-2019 2/2 illegal act with her.

In this manner, from the First Information Report itself, it is apparent that victim has not levelled any specific allegation against the petitioner.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge, Gopalganj, in connection with Baikunthpur P.S. Case No.267 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T