Patna High CourtCR. MISC./5395/2025disposed

Babloo Kumar v. The State Of Bihar

2025-07-02Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5395 of 2025 Arising Out of PS. Case No.-326 Year-2024 Thana- RAXAUL District- East Champaran ====================================================== Babloo Kumar S/o Shambhu Mahto R/o Village- Noniya Dih, P.S.- Raxual, District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar 2.

Poonam Devi W/o Late Chhotalal Mahto R/o Village- Noniya Dih P.S.- Raxual, District- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhannjay Kumar Ii For the State :

Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-07-2025 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Raxual P.S. Case No. 326 of 2024 registered for the offence under Sections 126(2), 115(2), 118(1), 65(1), 352, 351(2)/(3)(5), of the B.N.S. and Section 4/6 of POCSO Act.

3. As per the prosecution case, the petitioner is accused of committing rape upon the victim.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. He submits that the FIR has been registered after more than five months of the alleged occurrence. He further submits that in the

Patna High Court CR. MISC. No.5395 of 2025(4) dt.02-07-2025 2/2 trial the victim and the informant have deposed and they have not supported the prosecution case. The petitioner is in custody since 13.11.2024.

5. Learned A.P.P. appearing for the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the, this application for regular bail is allowed.

7. This application is disposed of with liberty to the petitioner to approach the Trial Court for bail and if the Trial Court finds that the victim and the informant have not supported the prosecution case, then the Trial Court will grant bail to the petitioner on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 7th District and Additional Sessions Judge-cum-Special Judge, POCSO Act, East Champaran /concerned Court below in connection with Raxaul P.S. Case No. 326 of 2024.

(Sandeep Kumar, J) anand/- U T