Subodh Kumar @ Pali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12562 of 2023 Arising Out of PS. Case No.-209 Year-2022 Thana- GANGABRIDGE District- Vaishali ====================================================== SUBODH KUMAR @ PALI Son of Hare Kishun Ray R/v- Terasiya Ward No- 2 @ Terahrasia, P.S.- Ganga Bridge, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for regular bail has been filed by the petitioner registered for the offence punishable under Sections 450, 376/11 of the Indian Penal Code and Section 8, 12 and 18 of the POCSO Act.

3. As per allegation in the FIR, parents of the victim girl were at roof top and victim was washing the utensils in kitchen, in the meanwhile, petitioner entered into her house and tried to outrage her modesty. When she make noise, parents came down and caught hold the petitioner and handed him over to the police.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.12562 of 2023(4) dt.01-08-2023 2/2 committed no offence. Only with a view to put pressure for compromise in three cases lodged by the petitioner and his full brother and his neighbour against the informant's husband, the present case has been filed against the petitioner with concocted and vague story. Victim girl was not produced for medical examination, as per para 12 of the petition. Petitioner has got no criminal antecedent and languishing in judicial custody since 24.08.2022.

5. Learned APP appearing for the State has opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail after framing of charge, if not framed as yet, on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VI-cum-Spl. Judge POCSO, Vaishali at Hajipur in connection with Ganga Bridge PS Case No. 209 of 2022. (Sunil Kumar Panwar, J) sushma/- U