Patna High CourtCR. MISC./25529/2023bail granted

Dayanand Bhindwar v. The State Of Bihar

2023-08-04Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25529 of 2023 Arising Out of PS. Case No.-123 Year-2021 Thana- PRATAPGANJ District- Supaul ====================================================== DAYANAND BHINDWAR S/O LATE SHRILAL BHINDWAR R/O VillageGobindpur Kowakghani, Ward no. 1, P.S- Pratapganj, Distt.- Supaul. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-08-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with POCSO Case No. 6 of 2022 arising out of Prapatganj P.S. Case No. 123 of 2021 registered for the offence under Sections 366A, 323, 504 and 506 read with Section 34 and Section 376 of the Indian Penal Code and under Section 4/6 of the POCSO Act.

4. As per the prosecution case, one Guddu Kumar is said to have raped the victim.

5. Learned counsel for the petitioner submits that the petitioner has committed no offence and he has falsely been implicated in this case only because he is the father of Guddu Kumar.

Patna High Court CR. MISC. No.25529 of 2023(3) dt.04-08-2023 2/2

6. Learned counsel for the petitioner also submits that the petitioner has clean antecedents and is in custody since 07.02.2023.

7. Learned A.P.P. has vehemently opposed the prayer for bail.

8. Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

9. Let the petitioner, above named, be released 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 ADJ VI-cum-Special Judge, Exclusive POCSO Court in connection with POCSO Case No. 6 of 2022 arising out of Prapatganj P.S. Case No. 123 of 2021.

Vikas/- (Sandeep Kumar, J) U T