Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22745 of 2022 Arising Out of PS. Case No.-233 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Raja Kumar Son of Suresh Sahani Resident of Village - Kolhua Paigambarpur, P.S.- Ahiyapur, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Anand For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-09-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case, registered for the offences punishable under Section 341, 323, 509 and 34 of the Indian Penal Code and section 12 of the POCSO Act.

As per the prosecution case, while the informant was returning from market this petitioner along with co-accused persons made sexually coloured remarked and also took photographs of the victim girl. On protest, accused persons assaulted the informant.

It is submitted that petitioner has been falsely implicated in this case. As a matter of fact, one week prior to the alleged occurrence there was hot exchange of words between

Patna High Court CR. MISC. No.22745 of 2022(2) dt.06-09-2022 2/2 the parties and in order to take revenge this false case has been lodged. During course of trial, the informant did not support the prosecution case. Moreover, section 12 of the POCSO is not attracted against petitioner. Petitioner claims clean antecedent. Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to 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 Additional District & Sessions Judge Vith-cum-Special Judge (POCSO Act), Muzaffarpur in connection with Ahiyapur P.S. Case No. 233 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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