IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10869 of 2022

Arising Out of PS. Case No.-537 Year-2021 Thana- KOTWALI District- Munger

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Babloo Raut Son of Late Lakhan Raut Resident of Mohalla- Choti Kela Bari,

P.S. Kotwali, District- Munger

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. Tarkeshwar Pd. Verma

For the Opposite Party/s :

Mr. Ram Anurag Singh, APP

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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA

ORAL ORDER

2

14-06-2022

Heard learned counsel appearing on behalf of the

petitioner and learned counsel appearing on behalf of the State.

Let the defect(s), if any, be removed within a period

of four weeks from today.

The petitioner seeks bail in connection with Kotwali

P.S. Case No. 537 of 2021 registered for the offence under

Section 354(B) of the Indian Penal Code and Section 8 of

POCSO Act.

The accused/petitioner is named in the F.I.R. and is in

custody since 09.12.2021.

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The allegation against the petitioner is to assault with

the intention to disrobe and also of sexual assault to the

daughter of the informant, aged about seven years.

Learned counsel appearing on behalf of the petitioner

submitted that the present case, under POCSO Act, has been

falsely lodged against the petitioner for the reason that a total of

Rs.3,000/- (Rupees Three Thousand) was due as a ferrying

charge to the informant. It has also been submitted that from

bare perusal of the F.I.R., there is nothing which may suggest

that petitioner was under intention to disrobe the victim girl. It

has further been submitted that to attract the allegation, as

alleged, under POCSO Act, the important ingredient which

require is sexual intent. It has further been submitted that F.I.R.

in issue is nowhere suggest that alleged touching of private part

of the victim is with sexual intent. It has also been submitted

that petitioner is a man of clean antecedent and moreover,

chargesheet has already been submitted in this case, as such

there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State while

opposing the prayer for bail fairly conceded the fact that

ingredient as regard to intention to disrobe the victim is, prima

faice, not suggestive, from the bare perusal of the F.I.R.

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Considering the facts and circumstances as mentioned

above, as the act of the petitioner is not suggestive to disrobe the

victim girl and also having any sexual intent, as it is appearing

from the bare perusal of the F.I.R. coupled with the fact that

chargesheet has already been submitted in this case, let the

petitioner, above named, is directed to be released on bail in

connection with Kotwali P.S. Case No. 537 of 2021 on

furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

two sureties of the like amount each to the satisfaction of

learned Exclusive Special Judge (POCSO Act)-cum-Additional

District Judge-VI, Munger, subject to the following conditions:

“(i) That accused/petitioner shall

not involve in the similar nature of offence

till the conclusion of trial, failing the State

shall be at liberty to move before the Trial

Court itself for the cancellation of bail bond

of the petitioner.

(ii)

Accused/Petitioner shall

cooperate in the trial and shall be physically

present on each and every date before the

Trial Court till conclusion of the trial and

exemption from physical appearance be

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allowed by the Trial Court only on medical

ground of the petitioner only duly supported

by the documents.

(iii) That one of the ba