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Patna High CourtCR. MISC./15872/2024allowed

Bhupendra Yadav v. The State Of Bihar

2024-03-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15872 of 2024 Arising Out of PS. Case No.-592 Year-2023 Thana- SAUR BAZAR District- Saharsa ====================================================== Bhupendra Yadav Son of Late Rameshwar Yadav R/o Village - Nado Ward No.- 12, P.S.- Sour Bazar, District - Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiva Shankar Sharma, Adv.

For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 354(a), 504, 506, 509/34 of the Indian Penal Code and Sections 4 and 8 of the POCSO Act.

3. As per FIR, the petitioner along with another coaccused is said to have misbehaved with the daughter of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. There is general and omnibus allegation against the petitioner rather the specific allegation against co-accused Ravi Yadav, who put

Patna High Court CR. MISC. No.15872 of 2024(2) dt.12-03-2024 2/2 vermilion on the victim's forehead. There is no specific overt act against the petitioner only being the father of the co-accused Ravi Yadav, he has been falsely implicated in this case. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 04.10.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, POCSO, Saharsa in connection with Sour Bazar P.S. Case No. 592 of 2023. (Sunil Kumar Panwar, J) Arish/- U T