Chhote Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24721 of 2022 Arising Out of PS. Case No.-1194 Year-2021 Thana- KANKARBAG District- Patna ====================================================== CHHOTE KUMAR Son of Ramjatan Singh Resident of Village - Mustafapur, P.S.- Harnaut, Distt.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajkumar Rajesh, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-01-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Special (POCSO) Case No. 170 of 2021 arising out of Kankarbagh P.S. Case No. 1194 of 2021, for the offence registered under Sections 354, 354A and 354B of the Indian Penal Code and Sections 8 and 12 of the POCSO Act.

The petitioner herein, who was working as labour at the house of the informant, upon seeing the victim girl, had caught hold of her and tried to molest her, however, upon alarm being raised, her family members reached at the spot and the

Patna High Court CR. MISC. No.24721 of 2022(3) dt.10-01-2023 2/3 petitioner was caught.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 06.12.2021. The learned counsel for the petitioner has further submitted that the petitioner has been implicated falsely on account of oblique motive, however, considering the period of incarceration, a sympathetic view be taken. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the nature of allegation levelled, apart from the fact that the petitioner is having a clean antecedent and he is languishing in custody since more than one year, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the petitioner, above named,

Patna High Court CR. MISC. No.24721 of 2022(3) dt.10-01-2023 3/3 is directed to 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 learned Additional Sessions Judge-VI-cumSpecial Judge, POCSO Act, Patna in connection with Kankarbagh P.S. Case No. 1194 of 2021 (Special POCSO Case No. 170/2021).

(Mohit Kumar Shah, J) S.Sb/Saurav U T