Shankar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84998 of 2019 Arising Out of PS. Case No.-256 Year-2019 Thana- SAHAR District- Bhojpur ====================================================== Shankar Chaudhary, Male, aged about 36 yers, Son of Sri Ram Kishun Chaudhary, Resident of Village- Dhauri, P.S.- Sahar, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nihar Nandan Ambasta, Adv.

For the Opposite Party/s :

Mr.Brajendra Nath Pandey (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-01-2020 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 323, 341, 307, 354(B), 504/34 of the Indian Penal Code and Sections 4/6 POCSO Act.

Informant has alleged in his written complaint that on 13.10.2019 when they were sleeping in Panchayat Bhawan when he heard the cry of his minor daughter who informed him that petitioner had tried to outrage her modesty and committed sexual assault with her.

Patna High Court CR. MISC. No.84998 of 2019(2) dt.07-01-2020 2/3 It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Informant as well accused are co-villager and neighbour and there is land dispute between the parties and there is case and counter case and subsequently FIR has also been instituted by the brother of the petitioner as contained in Annexure-2. Petitioner has no criminal antecedent and is in custody since 15.10.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Bhojpur at Ara, in connection with Sahar P.S. Case No. 256 of 2019, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will

Patna High Court CR. MISC. No.84998 of 2019(2) dt.07-01-2020 3/3 be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T