Madhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9287 of 2024 Arising Out of PS. Case No.-790 Year-2023 Thana- BAGHA District- West Champaran ====================================================== Madhu Yadav son of Shwaminath Yadav Village- Naraipur Po- Bagaha PsBagaha Patkhouli Dist- W.Champaran ... ... Petitioner/s

Versus

1. The State of Bihar

2. Dewanti Devi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Ranjan Dixit, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 03-05-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Bagaha (Patkhauli) P.S. Case No.790 of 2023 registered for the offence under Sections 341, 323, 354B, 379, 504/34 of the Indian Penal Code and Section 8 of POCSO Act. 3.

Allegation against the petitioner is to have misbehaved, assaulted and abused to three granddaughters of the informant along with other co-accused persons. 4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that there is delay of 10 days in lodging FIR, without plausible explanation. It is

Patna High Court CR. MISC. No.9287 of 2024(4) dt.03-05-2024 2/2 submitted that the allegation against this petitioner is general and omnibus in nature. It is submitted that there is dispute between the parties with regard to encroachment of public land by the informant, where, informant used to flow water on the road, which causes annoyance to the public of locality. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 20.12.2023. He next submits that similarly situated co-accused has been granted bail by this court passed in Cr. Misc. No. 13973 of 2024.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail in connection with Bagaha (Patkhauli) P.S. Case No.790 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge 7th -cum-Special Judge, POCSO, Bettiah, West Champaran.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T