Niranjan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26860 of 2022 Arising Out of PS. Case No.-328 Year-2020 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Niranjan Yadav Son of Sri Lakru Yadav Resident of Village- Jotakhai, Rahua, P.S- K. Nagar, Dist- Purnea ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sunita Kumari D/o Sri Heman Mandal Resident of Village- Gokhulpur, P.SK. Nagar, Dist- Purnea 3.

Heman Mandal Son of Late Bhutu Mandal Resident of Village- Gokhulpur, P.S- K. Nagar, Dist- Purnea ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Kumar Anand, Adv.

For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-09-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Special (POCSO) P.S. Case No. 75 of 2020 arising out of K. Nagar P.S. Case No. 328 of 2020 lodged under Sections 376/34 of the I.P.C. read with Section 4/8 of the POCSO Act, 2012. As per the F.I.R., the allegation has been made by virtue of filing a complaint petition dated 28.06.2019 relating to occurrence took place on 30.05.2019 with the informant.

Patna High Court CR. MISC. No.26860 of 2022(2) dt.06-09-2022 2/3 Learned counsel for the petitioner submits that with a view to create pressure, this case has been filed. He further submits that there are 2 accused in this case, one is Pradeep Kumar @ Manish Kumar @ Manish Kumar Yadav and another Niranjan Yadav. He submits that the present petitioner is in custody since 19.04.2022, charge-sheet has already been filed in this case having clean antecedent. He further submits that the other co-accused Pradeep Kumar @ Manish Kumar @ Manish Kumar Yadav has been granted bail by the Co-ordinate Bench of this Court vide order dated 04.04.2022 passed in Cr. Misc. No. 41362 of 2021 (Annexure-2) of the petition.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned 6th Additional Sessions Judge-cumSpecial Judge (POCSO) Act, Purnea in connection with Special (POCSO) Case No. 75 of 2020 arising out of K. Nagar P.S. Case No. 328 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

Patna High Court CR. MISC. No.26860 of 2022(2) dt.06-09-2022 3/3 With this observation, the bail application stands allowed.

(Dr. Anshuman, J) sadique/- U T