Satya Prakash Kumar Jaiswal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79764 of 2019 Arising Out of PS. Case No.-276 Year-2019 Thana- HARSIDHI District- East Champaran ====================================================== SATYA PRAKASH KUMAR JAISWAL Son of Shyam Sundar Prasad Resident of Village - Govindapur Bazar, P.S.- Harsidhi, District- East Champaran ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhurendra Kumar For the Opposite Party/s :
Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-12-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Harsidhi P.S. Case No. 276 of 2019, registered under Sections 354(B), 354(C), 504, 506/34 and 376 of the Indian Penal Code and Section 3/4 of the POCSO Act.
The accusation is that on 04.08.2019 at about 9.00 P.M., the informant was at her door, at that time, petitioner Satya Prakash Kumar Jaiswal (Petitioner) along with Manjay Kumar and Vicky Prasad forcibly took her in field with bad intention and started to outrage her modesty by putting hand at her. When she made protest then she was assaulted by means of fist and slaps and with bad intention her clothes were torn and attempt to commit rape was made. On
Patna High Court CR. MISC. No.79764 of 2019(2) dt.05-12-2019 2/2 raising alarm by the informant, the neighbours rushed there then all fled away from there giving threatening to kill. Learned counsel for the petitioner submits that informant and petitioner and other F.I.R. named accused are co-villagers and they have falsely been implicated in this case due to dirty village politics. Sri Madhurendra Kumar, Advocate appearing on behalf of petitioner submits that while petitioner is accused in four cases, as detailed in paragraph No.3 of the petition, but he is on bail in all four cases. Further submission is that petitioner is in custody since 06.08.2019. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.
10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge-I-cum-Special Judge, POCSO Act/SC/ST Act, East Champaran at Motihari in connection with Harsidhi P.S. Case No. 276 of 2019.