Sujeet Sharma @ Sujeet Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10894 of 2024 Arising Out of PS. Case No.-210 Year-2023 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Sujeet Sharma @ Sujeet Kumar Sharma S/o Lal Babu Sharma VillageBhadaura Mahamadpur, P.S.- Siwan(M), Dist.- Siwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghav Prasad, Advocate For the Opposite Party/s :
Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Siwan Muffasil P.S. Case No.210 of 2023, lodged on 25.04.2023, under Sections 4/6 of the POCSO Act.
3. As per the prosecution, FIR has been lodged against three named accused persons including the petitioner. In the FIR, it has been alleged that the petitioner and other accused persons have forcibly brought the daughter of the informant in a maize field and tried to rape, but upon her noise the surrounding people had come and thereafter the accused persons fled away.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel
Patna High Court CR. MISC. No.10894 of 2024(2) dt.22-02-2024 2/2 submits that the informant and the accused persons are the neighbours and due to drain water in the land of the petitioner the dispute has occurred and with a view to teach him the present concocted case has been filed. Counsel submits that the doctor has found the age of the victim as 20 years and not a single injury or spermatozoa or any sign of attempt to rape was found on her body.
5. Learned counsel for the State opposes the prayer for bail.
6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner at present. However, liberty is hereby granted to the petitioner that he shall renew the prayer for bail after framing of the charge before the trial Court itself and the trial Court is directed to release him on bail imposing the conditions so that he may not evade during trial.
7. Accordingly, this application is disposed of. (Dr. Anshuman, J) Mkr./- U T