Overseer Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80729 of 2018 Arising Out of PS. Case No.-48 Year-2018 Thana- MAHILA P.S. District- Saran ====================================================== Overseer Singh Son of Late Shiv Varan Prasad Singh Resident of Village - Sahlaur Tola, Hata, P.S.- Pachrukhi Sarai O.P., District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Prasad For the Opposite Party/s :

Mr.Sri Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-01-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Saran Mahila P.S. Case No. 48/2018, instituted for offences under Section(s) 376(B), 120(B) and 34 of the Indian Penal Code read with Section 6 of POCSO Act.

The informant has alleged in the written report that due to some altercation with her cousin brother Anurag she came to Chapra Station. Thereafter her cousin brother came there and put pressure on her to return at his quarter. In the meantime, police arrived and seeing the police party her brother fled away. The police arrested the informant but after sometime she was released. Again the police arrested her and put her in RPF Post. It is further alleged that in night one male constable entered in the room and

Patna High Court Cr.Misc. No.80729 of 2018(2) dt.17-01-2019 2/2 committed illegal act with her. She disclosed the name of accused as Ashok Singh. The Mahila Constable RPF who had brought the informant and had locked her in room was Rashmi Kachchap. There is allegation against this petitioner that he was on duty on the alleged date of occurrence.

Learned counsel for the petitioner has submitted that victim has given statement under Section 164 Cr.P.C., wherein she has not taken name of this petitioner. Copy of aforesaid statement is annexed as Annexure-4. She has levelled specific allegation of committing illegal act with her against Ashok Singh. Petitioner is in custody since 05.11.2018.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Addl. District & Sessions Judge, Saran at Chapra in connection with Saran Mahila P.S. Case No. 48/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) rakhi/- U T