Mritunjay Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16532 of 2023 Arising Out of PS. Case No.-83 Year-2022 Thana- PATAHI District- East Champaran ====================================================== MRITUNJAY PANDEY S/O SHAMBHU PANDEY Resident of VillageKodaria, P.S.- Patahi, District- East Champarna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 376 (DA), 506, 34 of the Indian Penal Code and Sections 3(i)(v)(s)(w) (i)/3(2)(v) of the SC/ST Act and Section 4, 6, 8, 10, 14 of the POCSO Act.

As per FIR, the allegation against the petitioner along with co-accused persons is that they committed rape with her.

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 dirty village

Patna High Court CR. MISC. No.16532 of 2023(3) dt.16-05-2023 2/2 politics. As per statement of the victim recorded under Section 164 of the Cr.P.C., which is annexed with case diary, wherein victim raised that some unknown persons committed wrongdoings with her but she did not identify that the petitioner was one of them. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 23.05.2022. Learned APP appearing for the state has 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 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 Patahi P.S. Case No. 83 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 7th, Additional Sessions Judge-cum-Special Judge POCSO Act, Motihari District East Champaran.

(Sunil Kumar Panwar, J) Manishkumar/- U T