Sonu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3087 of 2018 Arising Out of PS.Case No. -22 Year- 2018 Thana -KASMA District- AURANGABAD ===========================================================

1. Sonu Kumar Singh, Son of Dilip Singh, resident of Village and P.O. Saho Karma, P.S. Kasma, District- Aurangabad.

.... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Rangnath Pandey, Adv For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 07-09-2018 Heard learned counsel for the parties.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by order dated 02.08.2018 in Kasma P.S.Case No.22 of 2018 passed by the learned 1st Addl. Sessions Judge-cum-Special Judge (POCSO), Aurangabad, registered under Sections 354(A)(i)(ii) of the Indian Penal Code, Section 3(i)(r)/3(i)(w(i)/3(2)(v)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 8 of POCSO Act.

Allegation against the appellant, who is a tutor, is that he caught hand of the daughter of the informant, aged

Patna High Court CR. APP (SJ) No.3087 of 2018 dt.07-09-2018 2/2 about 13 years, with illicit intention. The appellant is in custody since 20.07.2018. In the statement of the victim before the police, the victim has stated about the act committed by the appellant. Appellant has got no criminal antecedent. Considering the entire facts of this case, let the appellant, above named, be released on bail after completion of six months of custody on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the appellant shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.

Accordingly, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date10.09.2018 Transmission Date 10.09.2018