Md. Sonu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21811 of 2022 Arising Out of PS. Case No.-157 Year-2019 Thana- BAKHTIYARPUR District- Patna ====================================================== MD. SONU SON OF MD. SHAKEEL R/O VILLAGE- MOGALPURA BIGHA, P.S.- BAKHTIYARPUR, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prashant Kashyap For the Opposite Party/s :

Mr.Anita Kumari Singh For the Informant :

Mr. Shailendra Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-08-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State through video-conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered u/s 341, 342 and 307 read with 34 of the Indian Penal Code and 27 of the Arms Act and 12 of POCSO Act.

As per the prosecution case, co-accused Md. Kudrat is alleged to have abused and assaulted the informant's daughter for objection of clicking her photographs. The petitioner and coaccused persons assaulted the informant by legs and fists. When

Patna High Court CR. MISC. No.21811 of 2022(2) dt.12-08-2022 2/2 the family members of his house came to rescue, Md. Kudrat opened fire on the thigh of Khursida Khatoon. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Charge-sheet has already been submitted. There is general and omnibus allegation against the petitioner and there is specific allegation against the co-accused Md. Kudrat to open fire on Khursida Khatoon who has already been granted bail by the Co-ordinate Bench vide order dated 20.11.2019 passed in Criminal Misc. No. 63516 of 2019. The petitioner is in custody since 24.01.2022.

Learned A.P.P. for the State as well as learned counsel for the informant has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances, as well as the period of his detention, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum- Special Judge, POCSO, Patna in connection with Bakhtiyarpur P.S. Case No. 157 of 2019. The application stands allowed.

(Chandra Prakash Singh, J) shobhakri/- U T