Patna High CourtCR. MISC./25493/2023bail granted

Hareram Yadav v. The State Of Bihar

2023-05-19Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25493 of 2023 Arising Out of PS. Case No.-656 Year-2022 Thana- BRAHMPUR District- Buxar ====================================================== HARERAM YADAV SON OF LATE HARISHANKAR YADAV RESIDENT OF VILLAGE- BADKI NAINIJOR, PO- NAINIJOR, PS- BRAHMPUR (NAINIJOR), DISTT- BUXAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No 2, Advocate For the Opposite Party/s :

Mr. Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-05-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with POCSO Case no. 78 of 2022 (arising out of Brahmpur (Nainijore) P.S. Case no. 656 of 2022) registered under sections 341, 354B, 504, 506 and 34 of the Indian Penal Code, section 8 of the POCSO Act and section 3(i)(r)(s) of the SC/ST Act.

3. As per the prosecution case, it is stated that the son of the petitioner herein misbehaved with the 13 year old minor daughter of the informant and also used objectionable language in addressing her. It is further stated by the informant that on going to the house of the petitioner, she was abused and assaulted.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.25493 of 2023(2) dt.19-05-2023 2/2 that from reading of the FIR itself it would transpire that the main allegation is against the son of the petitioner herein namely Ajit Yadav and the petitioner has been implicated only for the reason of his being the father of Ajit Yadav. The petitioner is in custody since 17.2.2023 and charge sheet has been submitted in the case.

5. Heard learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the FIR, the main allegation being against Ajit Yadv and not the petitioner herein, the petitioner being in custody since 17.2.2023 and charge sheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with POCSO Case no. 78 of 2022 (arising out of Brahmpur (Nainijore) P.S. Case no. 656 of 2022) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge VI-cum-Special Judge POCSO Act, Buxar.

(Partha Sarthy, J) Prakash/- U