Daroga Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27007 of 2023 Arising Out of PS. Case No.-30 Year-2023 Thana- DARAUNDA District- Siwan ====================================================== Daroga Miyan Son of Late Sobrati Miya R/V- Nawalpur PS- Daraundha, Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harendra Prasad For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 342, 354,(i)(ii), 376/511 of the Indian Penal Code and Sections 8/12 of the POCSO Act.

As per FIR, the allegation against the petitioner is that he has tried to attempt of rape to the daughter of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is an old man and he has been suffering from many diseases and due to dirty village politics he has falsely

Patna High Court CR. MISC. No.27007 of 2023(2) dt.24-05-2023 2/2 been implicated in this case. The petitioner has no concern with the alleged occurrence and he has got no criminal antecedent. It is further submitted that the FIR has been lodged after delay of one day without given any cogent reason. Moreover, the petitioner is languishing in judicial custody since 03.02.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Daraundha P.S. Case No. 30 of 2023 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-cum Special Judge, POCSO, Siwan. (Sunil Kumar Panwar, J) Manishkumar/- U T