Rustam Kumar @ Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15834 of 2024 Arising Out of PS. Case No.-31 Year-2023 Thana- AIRPORT District- Patna ====================================================== Rustam Kumar @ Chandan Kumar S/o- Bindeshwar Ram Resident of Khajpura, P.S. Hawai Adda, Dist. Patna. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhat Ranjan Singh, Advocate For the Opposite Party/s :
Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 324, 354, 379, 504 & 506/34 of the Indian Penal Code and Section 8/10 of the POCSO Act.
3. The petitioner is said to have touched the daughter of the informant, who is aged about 14 years, inappropriately and also tried to commit wrong against her.
4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. It is further submitted that the mother of the petitioner has also lodged a case bearing Hawai Adda P.S. Case No.32 of 2023 against the family members of the informant. It is further submitted that the petitioner and others have been falsely implicated in this case at the instance of his old tenant, who are
Patna High Court CR. MISC. No.15834 of 2024(3) dt.10-04-2024 2/2 parents of informant. Since they have defaulted payment of rent and without making payment of house rent, they had left the house of the petitioner with a promise that within short period they will clear all the arrears of rent. When the mother of the petitioner demanded arrears of rent, instead of paying it, informant and her family members abused the lady inmates of the house of petitioner and then in order to save their skin from the case lodged by the mother of the petitioner, this false case been lodged by the informant. The petitioner has no criminal antecedent and has been languishing in custody since 17.01.2024.
5. Learned APP for the State opposed the bail petition.
6. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Special Case No.71/23, arising out of Hawai Adda P.S. Case No.31/2023.
(Anjani Kumar Sharan, J) Trivedi/- U T