Chanchal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22196 of 2021 Arising Out of PS. Case No.-345 Year-2020 Thana- KHUSRUPUR District- Patna ====================================================== CHANCHAL KUMAR Son of Kamal Rai Resident of Village - Ganichak Khushurupur, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumari Sujata Sinha, Adv.

For the Opposite Party/s :

Md. Sakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 8.10.2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred the instant application for grant of regular bail in a case registered under sections 307, 354B, 363, 325 and other sections of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case the allegation against the petitioner and his brother is of having misbehaved with the minor daughter of the informant. Further allegation is that on the informant going to protest about the occurrence,

the petitioner's brother started to fire in the air. It is submitted by learned counsel for the petitioner that no occurrence as alleged has taken place. The petitioner has been falsely implicated in the case. There is case and counter case between the parties. The petitioner is in custody since 5.11.2020 and has no criminal antecedent. Chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner together with the petitioner having remained in custody for 11 months, this Court directs the petitioner to be enlarged on bail in connection with Special Case no. 197 of 2020 (arising out of Khusrupur P.S. case no.345 of 2020) on furnishing bail 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 Exclusive Special Court, POCSO Act, Patna.

(Partha Sarthy, J) Bibhash U T