Oral order allowing an application for regular bail for the petitioner. The petitioner had been arrested and was in custody while accused of attempting rape on a woman and her minor daughter. The petitioner claimed innocence and alleged false implication.
Petitioner enlarged on bail by furnishing bond of Rs.10,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18284 of 2021
Arising Out of PS. Case No.-376 Year-2017 Thana- BARACHATTI District- Gaya
======================================================
TENI CHAUHAN SON OF CHALITAR CHAUHAN RESIDENT OF VILLAGE-PACHAAN, P.S- MAGADH UNIVERSITY, DISTRICT-GAYA.
... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Madhusudan Kumar For the Opposite Party/s : Mr.PK Pandey, Addl Public Prosecutor
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
3 23-11-2021
Heard learned counsel for the petitioner and the State.
The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 323 and other ancillary sections of the Indian Penal Code and under sections 8/12 of the POCSO Act and under sections 3(1)(r)(s) (w) of the SC/ST Act.
As per the prosecution case, petitioner and other accused persons entered the room of the informant and tried to commit rape on the informant and her minor daughter.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He submits that in fact the instant false case has been lodged on the instruction of brick klin owner Sonu Khan as the petitioner was unable to arrange labourer for brick klin on low
Patna High Court CR. MISC. No.18284 of 2021(3) dt.23-11-2021 2/2
payment. Even police has not traced the person who was using the mobile phone which was recovered from the place of occurrence. Petitioner has claimed clean antecedent and he is in custody since 27.11.2020.
Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Judge, POCSO Act Gaya in Barachatti Police Station Case No. 376 of 2017/GR No.1230 of 2017.
(Prabhat Kumar Singh, J)
shashi/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in a case involving offences under the IPC, POCSO Act, and SC/ST Act.
3 provisions across 3 enactments
Teni Chauhan
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
