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Patna High CourtCR. MISC./15356/2024bail granted

Sujit Kumar @ Bhim v. The State Of Bihar

2024-04-19Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15356 of 2024 Arising Out of PS. Case No.-175 Year-2023 Thana- SHEOHAR District- Sheohar ====================================================== Sujit Kumar @ Bhim Son of Shatrudhan Patel @ Shatrudhan Ray Resident of Village- Shahbaja, P.S.- Sheohar, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar, Advocate For the Opposite Party/s :

Mr.Lalan Kumar, A.P.P For the Informant/s :

Mr. Shovendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. Learned counsel for the informant has filed Vakalatnama during the course of the day which is kept on record.

3. The petitioner has preferred this application for grant of regular bail in connection with Sheohar P.S. Case No. 175 of 2023 dated 07.07.2023 registered for the offences punishable u/ss 341, 323, 307 and 504 read with section 34 of the Indian Penal Code and Sections 7 and 8 of the POCSO Act.

3. As per the prosecution case, the petitioner is alleged to have involved in sexual assault with the minor daughter of the informant and when the informant and her

Patna High Court CR. MISC. No.15356 of 2024(3) dt.19-04-2024 2/3 family members had gone to complain against the petitioner, all his family members including the petitioner started abusing and assaulting them with bricks and bamboo due to that the informant's mother-in-law got injured severely.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The other co-accused person has been granted bail by this court vide order dated 10.04.2024 passed in Cr. Misc. No. 71768 of 2023. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 08.07.2023

6. Learned A.P.P. for the State as well as learned counsel for the informant have vehemently opposed the bail petition of the petitioner by submitting that the specific allegation is against the petitioner.

7.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sheohar in

Patna High Court CR. MISC. No.15356 of 2024(3) dt.19-04-2024 3/3 connection with Sheohar P.S. Case No.175 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T