Raj Kumar Sah vs The State Of Bihar
2021 Latest Caselaw 752 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.31666 of 2020
      Arising Out of PS. Case No.-31 Year-2019 Thana- ISHIPUR District- Bhagalpur
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Raj Kumar Sah, about 24 years, Male, Son of Banarsi Sah, Resident of

Village- Chhoti Pasahichak, Rijatpur, Police Station- Ishipur Barahat, District-

Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr. Gopal Prasad Roy, Advocate For the State : Mr. Shyam Kumar Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 08-02-2021

The matter has been heard via video conferencing.

2. Heard Mr. Gopal Prasad Roy, learned counsel for

the petitioner and Mr. Shyam Kumar Singh, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

3. The petitioner apprehends arrest in connection with

Ishipur Barahat PS Case No. 31 of 2019 dated 03.04.2019,

instituted under Sections 141/354/494/ of the Indian Penal Code

and 5/11(i) of the Protection of Children from Sexual Offences Patna High Court CR. MISC. No.31666 of 2020 dt.08-02-2021

Act, 2012.

4. The allegation against the petitioner in the FIR,

which was converted from a complaint case, is that, along with

the other co-accused, used to tease the complainant/informant

while going to school and tried to outrage her modesty while

going for the call of nature in the field as also non-specific and

general that all accused persons came and got the work of soil

cutting stopped and had assaulted. There is specific allegation

against accused no. 5 at paragraph no. 6 of the complaint,

though the name disclosed is Dwarika Yadav, which has been

cut and the name of petitioner written in the column of accused,

is of getting the villagers to fight among themselves and later

abuse them financially and physically.

5. Learned counsel for the petitioner submitted that

there is absolutely no allegation, much less, specific against the

petitioner and in fact, in the original typed copy of the complaint

filed before the Chief Judicial Magistrate, Bhagalpur accused

no. 5 was one Dwarika Yadav whose name has been struck off

and that of the petitioner written in hand, but at paragraph no. 6

of the complaint the name of Dwarika Yadav is written as

accused no. 5. It was submitted that neither there are any details

as to what role was played by the petitioner and how he was Patna High Court CR. MISC. No.31666 of 2020 dt.08-02-2021

involved in the incident and as to why his name has been

introduced by way of cutting the name Dwarika Yadav, which is

proof of the case being patently false against the petitioner.

Learned counsel submitted that the petitioner has no other

criminal antecedent.

6. Learned APP submitted that the petitioner was also

party to the assault. However, he could not controvert that his

name has been introduced after striking the name of Dwarika

Yadav and further that no specific act has been alleged against

him.

7. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, in

the event of arrest or surrender before the Court below within

six weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand)

with two sureties of the like amount each to the satisfaction of

the learned Special Judge, POCSO Court, Bhagalpur, that is,

Additional District and Sessions Judge-II, Bhagalpur in Ishipur

Barahat PS Case No. 31 of 2019, subject to the conditions laid

down in Section 438(2) of the Code of Criminal Procedure,

1973 and further (i) that one of the bailors shall be a close

relative of the petitioner, and (ii) that the petitioner and the Patna High Court CR. MISC. No.31666 of 2020 dt.08-02-2021

bailors shall execute bond with regard to good behaviour of the

petitioner, and (iii) that the petitioner shall also give an

undertaking to the Court that he shall not indulge in any

illegal/criminal activity, act in violation of any law/statutory

provisions, tamper with the evidence or influence the witnesses.

Any violation of the terms and conditions of the bonds or the

undertaking shall lead to cancellation of his bail bonds. The

petitioner shall cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being

absent on two consecutive dates, without sufficient cause, shall

also lead to cancellation of his bail bonds.

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T