Patna High CourtCR. MISC./7855/2023allowed

Pankaj Choudhary v. The State Of Bihar

2023-05-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7855 of 2023 Arising Out of PS. Case No.-110 Year-2022 Thana- KOTHI District- Gaya ====================================================== PANKAJ CHOUDHARY S/o Karu Choudhary R/o village- Ganeshpur, P.S.- Kothi, Distt- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Anand For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 353, 354B, 504 of the Indian Penal Code and Section 8 of the POCSO Act.

As per FIR, allegation against the petitioner is of outraging the modesty of the informant/victim (aged about 16 year) while she was going to tuition.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. No such occurrence as alleged took place and the petitioner has falsely been implicated in this case due to dirty village politics. The entire allegation against the petitioner is false and fabricated. A

Patna High Court CR. MISC. No.7855 of 2023(3) dt.02-05-2023 2/2 statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 27.11.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kothi P.S. Case No. 110 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (POCSO)-cum-Additional Sessions Judge-VII, Gaya.

(Sunil Kumar Panwar, J) Amandeep/- U T