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Patna High CourtCR. MISC./5305/2023bail granted

Ganesh Prasad v. The State Of Bihar

2023-04-29Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5305 of 2023 Arising Out of PS. Case No.-111 Year-2022 Thana- OBRA District- Aurangabad ====================================================== GANESH PRASAD Son of Late Doman Prasad Gupta R/V- Obra, P.s- Obra, Dist- Aurangabad Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sonal Kumari D/o Saroj Thakur R/v- Harina Thana Obra, Dist - Aurangabad Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar For the Opposite Party/s :

Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends arrest in connection with Obra P.S. Case No. 111 of 2022 registered for the offences under Sections 500, 501 and 34 of the Indian Penal Code, Section 66E of the I.T. Act and Section 08 and 12 of the POCSO Act. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the instant case. Further submission is that petitioner is a journalist and has not intentionally published the alleged news. It is also submitted that the opposite party no. 2 has already filed a petition dated 16.09.2022 (Annexure-2) stating that she is 19

Patna High Court CR. MISC. No.5305 of 2023(2) dt.29-04-2023 2/2 years old and has never met the petitioner. It is also stated that she has lodged the case without reading the newspaper and does not want to proceed further in the matter. Petitioner has no criminal antecedent.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the petitioner, above named is directed to be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of Additional District and Session Judge-cum-Special Exclusive Judge (POCSO), Aurangabad in connection with Obra P.S. Case No. 111 of 2022, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) anuradha/- U T