Amarjit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11870 of 2024 Arising Out of PS. Case No.-187 Year-2023 Thana- MANIGACHI District- Darbhanga ====================================================== Amarjit Kumar Singh S/o Ashok Singh Resident of Village - Nezra (Babutole), P.S. - Manigachhi, District - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-04-2024 Learned counsel for the petitioner and learned APP for the State is present. Despite valid service of notice, no one appears on behalf of the informant.

2. Heard learned counsel for the petitioner and learned APP for the State.

3. The petitioner seeks bail in connection with Manigachhi P.S. case No. 187 of 2023 instituted for the offences under Section 354B of the Indian Penal Code and Section 8 of the POCSO Act.

4. Prosecution case, in short, is that this petitioner tried

Patna High Court CR. MISC. No.11870 of 2024(4) dt.29-04-2024 2/3 to outrage the modesty of the victim.

5. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case merely on suspicion. He further submitted that the it is alleged that this petitioner tried to outrage the modesty of the victim but, in fact, no such occurrence took place. Learned counsel further submitted that there is a delay of five days in lodging the FIR without plausible explanation, which in itself, raises doubt over the prosecution story. He further submitted that petitioner is the uncle of the victim and has been falsely implicated due to land dispute between the parties. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.09.2023 and has no criminal antecedent.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the aforesaid facts and circumstances of the case, nature of offence, as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of

Patna High Court CR. MISC. No.11870 of 2024(4) dt.29-04-2024 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Manigachhi P.S. case No. 187 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T