Patna High CourtCR. MISC./78585/2019bail granted

Rohit Kumar v. The State Of Bihar

2019-12-03Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78585 of 2019 Arising Out of PS. Case No.-134 Year-2019 Thana- DHANARUA District- Patna ====================================================== ROHIT KUMAR, aged about 24 years, Son of Laldev Ravidas, Resident of Village - Nadpura, P.S.- Dhanarua, Distt.- Patna. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Rajesh Kumar Sharma, Advocate.

For the Opposite Party :

Mr.Satyendra Narayan Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 341, 342, 354, 504, 506 of the IPC, 7 and 8 of POCSO Act.

The prosecution story, in brief, is that on 15.05.2018, the petitioner had outraged the modesty of the daughter of the informant for which the informant has complained before the concerned P.S. and the Panchayat and lastly the matter was compromised. It has also been alleged that on 17.03.2019, the petitioner getting the victim alone at her house, again tried to outrage the modesty of the victim and on objection by Mukesh, nephew of the informant, the petitioner also assaulted him. It has been submitted by learned counsel for the petitioner that the petitioner is in custody sine 21.09.2019. The

Patna High Court CR. MISC. No.78585 of 2019(2) dt.03-12-2019 2/2 petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The alleged occurrence is said to have taken place on 17.03.2019 as to when the case was instituted on 02.04.2019. Delay has not been explained by the prosecution. The prosecution has not come with clean hands. Due to village rivalry the petitioner has been made accused in the present case. The petitioner happens to be the Ward Secretary of the concerned Panchayat. 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 on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I-cum-Special Judge, POCSO, Patna, in connection with Special Case No. 62 of 2019, arising out of Dhanarua P.S. Case No. 134 of 2019.

(Sudhir Singh, J) U.K./- U T