Patna High CourtCR. MISC./12096/2023bail granted

Sunarman Yadav v. The State Of Bihar

2023-05-15Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12096 of 2023 Arising Out of PS. Case No.-37 Year-2021 Thana- MAHILA PS District- East Champaran ====================================================== Sunarman Yadav Son Of Late Jokhan Yadav R/O Village- Parsauna, P.S.- Palanwa, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar No.III, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in connection with Mahila P.S. Case No. 37 of 2021 for offences punishable under Sections 376(D)(A), 354 B, 341, 323, 34 of the Indian Penal Code and Section 4, 6, 10 of POCSO Act.

Allegation of committing rape is against other accused persons and the petitioner is alleged to have helped them in fleeing away from the place of occurrence. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case and he further stated that similar situated Co-accused namely Sukhari Sah and Nandu Sah have been granted bail in Criminal Miscellaneous No. 69741 of 2021 by order dated

Patna High Court CR. MISC. No.12096 of 2023(2) dt.15-05-2023 2/2 04.03.2022 by a Co-ordinate Bench of this Court. The petitioner is in custody since 28.11.2022 and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that the petitioner is accused in another case apart from this one. Learned A.P.P for the State opposes the prayer for regular bail of the petitioner.

Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge VII cum Special Judge POCSO Act Motihari, East Champaran in connection with Mahila P.S. Case No. 37 of 2021.

(Khatim Reza, J) Sankalp/- U T