Lawkush Yadav @ Lawkush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19637 of 2023 Arising Out of PS. Case No.-80 Year-2022 Thana- GOPALPUR District- Gopalganj ====================================================== LAWKUSH YADAV @ LAWKUSH KUMAR Son of Hiralal Yadav Resident of village - Sawanahi Jagdish, P.S.- Gopalpur, District - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harendra Prasad For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 341, 323, 307, 354(D), 34 of the Indian Penal Code and sections 8, 10 and 12 of the POCSO Act.

As per allegation in the FIR, while the informant/victim was going to school, petitioner came there by cycle and tried to outrage her modesty. It is further alleged that petitioner and others assaulted the family members of the informant.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to land dispute. He has not committed any overt act with the

Patna High Court CR. MISC. No.19637 of 2023(3) dt.21-06-2023 2/2 informant. Both parties are neighbour. In case diary, injury report of injured Mukesh Yadav and Manoj Yadav Yadav are available and both have received simple injuries like swelling and lacerated wound. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 8.12.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VI-cum-Special Judge POCSO Gopalganj in connection with Gopalpur P.S. Case No. 80 of 2022.

(Sunil Kumar Panwar, J) sushma/- U