Chandan Raj @ Rounit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13329 of 2021 Arising Out of PS. Case No.-147 Year-2020 Thana- TATARPUR District- Bhagalpur ====================================================== Chandan Raj @ Rounit S/O- Om Prakash Bharti Resident Of Village- Dhobai, P.S.- Tarapur, Distt- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar Upadhyaya For the Opposite Party/s :

Mr. Shyam Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-08-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in connection with POCSO Case No. 118 of 2020 (arising out of Tatarpur P.S. Case No. 147 of 2020) registered for the offence punishable under Sections 3, 4, 5 Immoral Traffic (Prevention) Act, 1956 and Section 08 POCSO Act. As per the prosecution case, allegation against the petitioner is that petitioner with one another co-accused person were caught and arrested by the police from a hotel in objectionable condition with girls.

It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case and has not

Patna High Court CR. MISC. No.13329 of 2021(2) dt.09-08-2021 2/2 committed any offence as alleged in the FIR. He submits that the petitioner is a young student and gone to Bhagalpur for taking tutions but his work could not be completed and therefore, he had to stay in a hotel in Bhagalpur. He submits that while he was staying in hotel a raid was made by the police and petitioner was caught totally on suspicion. He further submits that similary situated co-accused has been granted bail vide order dated 22.07.2021 in Cr. Misc. No. 9577 of 2021 by a Co-ordinate Bench of this Court. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent and has been languishing in custody since 08.10.2020. Learned APP for the State opposed the bail petition.

Considering the facts aforesaid and the fact that similary situated co-accused person has already been granted bail, the above named petitioner is directed to be enlarged on bail, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with POCSO Case No. 118 of 2020 (arising out of Tatarpur P.S. Case No. 147 of 2020).

(Anjani Kumar Sharan, J) GAURAV S./- U T