Dhananjay Pasi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22975 of 2021 Arising Out of PS. Case No.-72 Year-2020 Thana- UPHARA District- Aurangabad ====================================================== DHANANJAY PASI Son of Baliram Pasi Resident of Village- Hamid Nagar, Police Station- Upahara in the district of Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.A.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-11-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection Upahara P.S. Case no. 72 of 2020 registered for the offence punishable under sections 341, 323, 354B, 504, 506/34 of the Indian Penal Code read with section 8 of the POCSO Act.

Learned counsel for the petitioner submits that petitioner is person with clelan antecedent and is in custody since 03.02.2021 and charge sheet has been submitted. Learned counsel for the petitioner further submits that from perusal of the allegation as alleged in the FIR, it would manifest that the informant has alleged that on 11.10.2020 at about 1.30 p.m, while his wife and daughter were cutting wood in Bandra Bagicha then wife of the informant heard the cry of her daughter, who was cutting wood at a little distance and when

Patna High Court CR. MISC. No.22975 of 2021(2) dt.16-11-2021 2/2 she went there she saw that Virendra Yadav, Akhilesh Kumar and Dhananjay Pasi (petitioner) were trying to drag her towards forest with an intention to rape her and when wife of the informant shouted, all the accused persons fled away threatening to kill her, if she discloses about the incidence. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case and there is variation in 164 Cr.P.C statement or 161 Cr.P.C statement of the victim. Further, co-accused Birendra Yadav has been granted bail by this court vide order dated 29.4.2021 in Cr. Misc. no. 23876/2021.

Learned APP vehemently opposed the prayer for bail. Considering the facts that petitioner is person with clean antecedent and co-accused has been granted bail by this court, the petitioner is directed to be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. District & Sessions Judge VI-cum- Special Exclusive Judge (POCSO), Aurangabad in Upahara P.S. Case no. 72 of 2020. (Satyavrat Verma, J) s.hassan/- U T