Sintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12989 of 2023 Arising Out of PS. Case No.-556 Year-2022 Thana- RAHUI District- Nalanda ====================================================== Sintu Kumar, Son Of Kishor Yadav, R/O Village- Vena, P.S.- Rahui (VENA), District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Ms.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-05-2023 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, 354(B), 504 and 506 of the Indian Penal Code, Section 12 of POCSO Act and Section 3(i)(r)(s)(w), 3(2)(VA) of SC/ST Act. As per prosecution case, when the informant/victim was returning from School, petitioner caught her hand and demanded mobile number near Devi Asthan. She has also been threatened by the petitioner.

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 politics. As per F.I.R, the occurrence did not take place in the public

Patna High Court CR. MISC. No.12989 of 2023(2) dt.09-05-2023 2/2 view. So, the provision of SC/ST Act is not made out against the petitioner. The present case has been lodged over a petty dispute arose due to the fact that informant's goat grazed the paddy in field of petitioner's father. It is further submitted that the petitioner is languishing in judicial custody since 14.11.2022 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 period of 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 Rahui (Vena) P.S. Case No. 556 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 Additional Session Judge-VIIcum-Special Judge POCSO, Nalanda at Biharsharif. (Sunil Kumar Panwar, J) Nirajkrs/Lata U T