Ghanshyam Murari Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25747 of 2022 Arising Out of PS. Case No.-22 Year-2022 Thana- SIKRAUL District- Buxar ====================================================== GHANSHYAM MURARI PANDIT Son of Gupteshwar Kumar Resident of Village - Khandricha, P.S.- Sikraul, Distt.- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-08-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State through video-conferencing. The petitioner has preferred this application for grant of regular bail in a case registered under sections 354B of the Indian Penal Code, Section 12 of the POCSO Act, and Section 3(1)(r)(w)(1) Scheduled Caste and Scheduled Tribe ( Prevention of Atrocities) Act.

As per the prosecution case, the petitioner is said to have outraged the modesty of the minor daughter of the informant while she along with her mother went for answering call of nature.

Patna High Court CR. MISC. No.25747 of 2022(2) dt.26-08-2022 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that this case has been filed by the informant with a view to avoid payment of the due amount. No case under POCSO Act is made out against the petitioner. It is further submitted that at the time of alleged occurrence the mother of the minor girl was also present. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 01.04.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cumSpecial Judge, POCSO Act, Buxar, in connection with Sikraul P.S. Case No. 22 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T