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Patna High CourtCR. MISC./10766/2023allowed

Ram Balak Kumar v. The State Of Bihar

2023-05-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10766 of 2023 Arising Out of PS. Case No.-451 Year-2022 Thana- PAROO District- Muzaffarpur ====================================================== Ram Balak Kumar S/O Ram Pukar Choudhary @ Rampukar Chaudhari R/VKhutahi, P.S.- Paroo, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 354/509 of the Indian Penal Code and Sections 8/12 of the POCSO Act. As per FIR, allegation against the petitioner is of outraging the modesty of the minor daughter of the informant by this petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is further submitted that there was dispute between the informant and the petitioner in respect of tuition fee and when the petitioner demanded arrear of tuition fee, the informant lodged the present case and falsely implicated the petitioner in this case. A

Patna High Court CR. MISC. No.10766 of 2023(2) dt.04-05-2023 2/2 statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 14.11.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Paroo P.S. Case No. 451 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-7-cum-Special POCSO, West, Muzaffarpur.

(Sunil Kumar Panwar, J) Amandeep/- U T