Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20797 of 2021 Arising Out of PS. Case No.-132 Year-2020 Thana- KAUWAKOL District- Nawada ====================================================== PAPPU KUMAR Son of Viresh Yadav Resident of Village - Bariyarpur, P.S.- Kawakole, Distt.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Y.C. Verma, Sr. Adv.

Mr. Pramod Kumar Verma, Adv.

For the Opposite Party/s :

Mr. H.A. Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-08-2021 Heard the parties through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

Earlier, vide order dated 09.11.2020, bail application of the petitioner was rejected in Cr. Misc. No. 24087 of 2020. The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 354(A)(B), 379, 504, 506/34 of the Indian Penal Code and Section 8 of the POCSO Act.

As per FIR, when the brother of the informant gone at the house of the petitioner, all the accused persons including the petitioner have assaulted him. It is further alleged that petitioner has fallen the informant and tried to outrage her modesty.

Patna High Court CR. MISC. No.20797 of 2021(4) dt.25-08-2021 2/2 Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. By way of supplementary affidavit, learned counsel for the petitioner submits the informant in her statement under Section 164 of the Cr.P.C. has denied the allegation as alleged in the First Information Report. He submits that only to harass, humiliate and make pressure to settle the dispute to Rasta, informant brought this false case. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 07.05.2020.

Considering the facts and circumstances of the case and statement of the informant, let the petitioner, above named, be released 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 the learned court below/successor court where the case is pending in connection with Kawakole P.S. Case No. 132 of 2020.

(Anjani Kumar Sharan, J) devendra/- U T