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Patna High CourtCR. MISC./16474/2023allowed

Sonu Rajbhar @ Sonu Kamar v. The State Of Bihar

2023-04-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16474 of 2023 Arising Out of PS. Case No.-544 Year-2022 Thana- PURNEA SADAR District- Purnia ====================================================== SONU RAJBHAR @ SONU KAMAR S/O SRI DILIP RAJBHAR Resident of Village- Singhia Basti, Gulabhagh, P.S.- Sadar,District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Anand For the Opposite Party/s :

Mr. Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-04-2023 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 452, 341, 342, 323, 354(A), 354(B), 354(D) & 506 of the Indian Penal Code and Sections 8, 10, 12 of the POCSO Act. As per FIR, allegation against the petitioner is of outraging the modesty of the informant/victim while she was going to attend nature's call.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner and the informant are co-villagers and a land dispute is going on between them due to which the petitioner has falsely been implicated in this case. It is further submitted vide para-13

Patna High Court CR. MISC. No.16474 of 2023(2) dt.29-04-2023 2/2 of the petition that informant had love affairs with the cousin of the petitioner namely, Vishnu Kumar and the when petitioner caught red handed both of them, informant made him accused in the present case on the basis of false and fabricated story. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 30.7.2022.

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 Sadar P.S. Case No. 544 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 6th Additional Sessions Judge-cum-Special Judge (POCSO), Purnea.

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