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Patna High CourtCR. MISC./19429/2024allowed

Ravi Kumar @ Ravi Yadav v. The State Of Bihar

2024-04-04Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19429 of 2024 Arising Out of PS. Case No.-592 Year-2023 Thana- SAUR BAZAR District- Saharsa ====================================================== Ravi Kumar @ Ravi Yadav S/o Bhupendra Yadav R/o vill - Nado, P.S. - Sour Bazar, Distt. - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiva Shankar Sharma For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 354(a), 504, 506, 509/34 of the Indian Penal Code and Section 4,8, of POCSO Act.

As per FIR, the petitioner along with other coaccused persons is said to have misbehaved with the daughter of the informant. Allegation against the petitioner is that he put vermilion in the head of informant's minor daughter.

Patna High Court CR. MISC. No.19429 of 2024(3) dt.04-04-2024 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is inordinate delay of 3 days in lodging the F.I.R. Both parties are co-villagers. It is further submitted that the petitioner has not charge-sheeted u/s 4 and 8 of POCSO Act rather he has been charge-sheeted u/s 12 of POCSO Act. Moreover, the petitioner has suo motto surrendered on 1.12.2023 and since then he is languishing in judicial custody. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated co-accused Bhupendra Yadav has been granted bail vide order dated 12.03.2024, passed in Cr. Misc. No. 15872 of 2024 by this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody,

Patna High Court CR. MISC. No.19429 of 2024(3) dt.04-04-2024 3/3 this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sour Bazar P.S. Case No. 592 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, POCSO, Saharsa.

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