Bidhu Shekhar Singh @ Bidur Shekhar Singh @ Chunna Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83664 of 2019 Arising Out of PS. Case No.-79 Year-2019 Thana- SHAMBHUGANJ District- Banka ====================================================== BIDHU SHEKHAR SINGH @ BIDUR SHEKHAR SINGH @ CHUNNA SINGH Son of Saheb Singh @ Saheb Prasad Singh Resident of VillageJangal Jhakhara, P.S.-Shambhuganj, District-Banka. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar Singh For the Opposite Party/s :
Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-07-2020 Heard learned counsel for the petitioner and learned Addl. Public Prosecutor for the State.
This application for grant of anticipatory bail arises out of Shambhuganj P.S. Case No. 79 of 2019, disclosing offence under Sections 341, 323, 337, 307, 379, 354, 354(B), 504, 506 and 34 of the Indian Penal Code and Section 8 of the POCSO Act, 2012.
It is alleged in the F.I.R. that the petitioner was using abusive language, on the alleged date of occurrence at about 1 P.M. on seeing the petitioner had got hold of her daughter, which was objected too by other daughter of the informant. Allegedly, the petitioner tore the clothes of both the daughters of the informant and started assaulting them. The petitioner
Patna High Court CR. MISC. No.83664 of 2019(3) dt.02-07-2020 2/3 subsequently fled away, as the co-villagers started rushing to the police station. It is further alleged that subsequently other persons named in the F.I.R. came and assaulted the informant, daughters and others.
Learned counsel appearing on behalf of the petitioner has submitted that no injury has been found to be grievous in nature and it was apparently because of some local dispute, that certain occurrence might have taken place, exaggerated version of which has been given in the F.I.R.
Considering the nature of accusation, in my opinion, a case for grant of anticipatory bail is made out. This application is allowed.
Let the petitioner above named in the event of his arrest/surrender within six weeks from today in the Court below, 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 Court of Addl. Sessions Judge-I-cumSpecial Judge (POCSO), Banka, in connection with Shambhuganj P.S. Case No. 79 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of criminal Procedure.
This is subject to the condition that the petitioner shall
Patna High Court CR. MISC. No.83664 of 2019(3) dt.02-07-2020 3/3 present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) AKASH/- U T