Bablu @ Dablu Kumar @ Sahbagh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11804 of 2023 Arising Out of PS. Case No.-381 Year-2021 Thana- NOORSARAI District- Nalanda ====================================================== 1.
Bablu @ Dablu Kumar @ Sahbagh S/O Basudev Prasad Rv- Ahiyapur, P.S.- Noorsarai, District- Nalanda 2.
Aaditya Chauhan @ Kundan Chauhan S/O Sanjay Chauhan Rv- Ahiyapur, P.S.- Noorsarai, District- Nalanda ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Samir Kumar Sinha For the Opposite Party/s :
Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-04-2023 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. The petitioners have prayed for grant of bail in connection with Noorsarai P.S. Case No. 381 of 2021 registered under sections 341, 323, 354(B), 354(D), 509, 506 and 34 of the Indian Penal Code and Sections 8 and 12 of POCSO Act.
Allegation against the petitioners along with coaccused person is that they tried to outrage the modesty of the informant's daughter, while she was going to her coaching
Patna High Court CR. MISC. No.11804 of 2023(2) dt.24-04-2023 2/3 class. Further alleged that they also threatened the informant if she lodged the case against them.
Learned counsel for the petitioners submits that the petitioner are innocent and have committed no offence. They have falsely been implicated in this case due to political rivalry. It is further alleged that general and omnibus allegation of outraging the modesty of the informant's daughter has been levelled against the petitioners. Nothing consistent material came against them in this case. It is also submitted that a statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody for more than six months.
The application for bail is vehemently opposed by learned APP for the State and learned counsel for the informant.
Having heard learned counsel for the parties and considering the facts and circumstances of this case as well as the custody of the petitioners, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Noorsarai P.S. Case No. 381 of 2021 on each of them furnishing bail
Patna High Court CR. MISC. No.11804 of 2023(2) dt.24-04-2023 3/3 bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VII-cum-Special Judge, POCSO, Nalanda at Bihar Sharif.
(Sunil Kumar Panwar, J) shubham/- U T