Patna High CourtCR. MISC./25219/2023allowed

Bulet Ray v. The State Of Bihar

2023-10-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25219 of 2023 Arising Out of PS. Case No.-40 Year-2022 Thana- GAUNAHA District- West Champaran ====================================================== Bulet Ray S/O Makhu Ray Resident Of Village- Belwa Bahuriya Jyiya, P.S.- Gaunaha, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar No.I, Adv For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-10-2023 Heard learned counsel for the petitioner, and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 354(A), 379 of the Indian Penal Code and section 8 of POCSO Act.

3. Allegation against the petitioner is that he entered the house of the informant and stolen cash Rs. 20,000/-, gold and silver ornaments and also tried to outrage the modesty of her minor daughter.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The statement of victim was recorded under section 164 of the Cr.P.C in which she has not supported the allegation of molestation and section 8 of POCSO Act is also not applicable

Patna High Court CR. MISC. No.25219 of 2023(4) dt.03-10-2023 2/2 in this case.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts that the statement of victim recorded under section 164 of the Cr.P.C, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Gaunaha P.S. Case No. 40 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) N.K/- U T