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Patna High CourtCR. MISC./16283/2023bail granted

Anuj Kumar Singh @ Bablu Singh v. The State Of Bihar

2023-07-03Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16283 of 2023 Arising Out of PS. Case No.-21 Year-2020 Thana- MAHILA PS District- Aurangabad ====================================================== ANUJ KUMAR SINGH @ BABLU SINGH Son of Late Ghura Singh R/o Village - Kunda, P.S.- Muffasil, Dist.- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Sadanand Paswan, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offence punishable under sections 341, 323, 354(A), 504, 506, 34 of the Indian Penal Code and section 08 of POCSO Act and 3 (i) (v) (w) (i) 3 (2) (va) of SC/ST (POA) Act. On 25.08.2020 at around 7.00 P.M the victim girl who is niece (Daughter of sister) of informant went for call of nature along with mother of informant. In the meantime, the petitioner along with two other co-accused started dragging the niece of informant with mala fide intention. On protest from the mother of the informant all the accused persons assaulted and abused her by caste name.

It is submitted that one day prior to the occurrence,

Patna High Court CR. MISC. No.16283 of 2023(3) dt.03-07-2023 2/2 the cow of the informant grazed the crop of the petitioner for which scuffle took place between the parties. Taking advantage of the situation this false and concocted case has been lodged. In fact no such occurrence, as alleged in F.I.R, has ever taken place. Petitioner claims clean antecedent.

Learned counsel for the State opposes the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned ADJ VI cum Special Exclusive Judge (POCSO) Aurangabad (Bihar) in connection with Mahila P.S. case no 21 of 2020 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T