Manish Ojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15993 of 2023 Arising Out of PS. Case No.-504 Year-2022 Thana- MASHRAK District- Saran ====================================================== Manish Ojha, Son of Late Shankar Ojha Resident of Village - Ghoghia, P.O. and P.S.- Mashrak, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Radhesh Kumar Sharma For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-06-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 377 of the Indian Penal Code and Section 4 of POCSO Act. According to F.I.R., the allegation against the petitioner is that he committed unnatural offence with the informant's son, who is nine years old mentally challenged boy. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to enmity. There is no eye witness of the alleged incident. The petitioner is patient of epilepsy who was not present in his village at the time of occurrence. The victim has not properly stated in his statement recorded u/s 164 of Cr.P.C. in respect of the prosecution case.

Patna High Court CR. MISC. No.15993 of 2023(3) dt.23-06-2023 2/2 The medical report annexed with case diary also not supported the prosecution case and the doctor opined that no sign of sodomy present. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 05.01.2023.

Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mashrak P.S. Case No. 504 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, POCSO, Saran, Chapra. (Sunil Kumar Panwar, J) lata/- U T