Shrawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5341 of 2020 Arising Out of PS. Case No.-134 Year-2019 Thana- SINGHESHWAR District- Madhepura ====================================================== SHRAWAN KUMAR Son of Brahamdeo Yadav Resident of Village - Kateya Ketavan, P.S.- Singheshwar, District- Madhepura ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mrs.Reebha Kumari For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-05-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 363, 366(A) of the Indian Penal Code and 12 of POCSO Act.

The prosecution case in short is that the accused persons forcibly abducted the minor daughter of the informant and tried to outrage her modesty.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.6.2019 and has got no criminal antecedent. There is no allegation of tampering of

Patna High Court CR. MISC. No.5341 of 2020(3) dt.29-05-2020 2/2 witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. On recovery, the statement of the victim has been recorded under Section 164 Cr.P.C. in which there is no allegation of sexual abuse alleged against the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner above named, is directed to be released on bail on his personal bond to the satisfaction of learned 1st Additional Sessions Judge -cum- Special Judge, Excise, Madhepura in connection with Singeheshwar P.S. Case No. 134 of 2019.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T