Mukesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6001 of 2023 Arising Out of PS. Case No.-21 Year-2020 Thana- KANHAULI District- Sitamarhi ====================================================== Mukesh Sah Son Of Kailash Sah R/O Village- Kanhauli, P.S.- Kanhauli, District- Sitamarhi ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-05-2023 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, 323, 379, 376, 511, 34 of the IPC and Sections 7, 8 of the POCSO Act.

The allegation against the petitioner along with co-accused persons is that they outraged the modesty of the daughter of the informant after that this case has been lodged.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dirty village

Patna High Court CR. MISC. No.6001 of 2023(2) dt.01-05-2023 2/2 politics. During investigation not a single witness has supported the prosecution case. The petitioner has got no criminal antecedent. It is further submitted that FIR has been lodged after delay of more than 37 days of alleged occurrence without given any cogent reason. The petitioner is languishing in judicial custody since 21.12.2022. 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 judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kanhauli P.S. Case No. 21 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-VI-cum-Special Judge POCSO Act, Sitamarhi.

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