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Patna High CourtCR. MISC./29659/2024bail granted

Suraj Kumar v. The State Of Bihar

2024-07-31Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29659 of 2024 Arising Out of PS. Case No.-255 Year-2023 Thana- SOHSARAI District- Nalanda ====================================================== SURAJ KUMAR S/O DAYANAND PRASAD R/O VILLAGECHAINPURA, P.S- KHUDAGANJ, DIST.- NALANDA, BIHAR ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Dharmendra Kumar Mehta S/o Rajendra Prasad R/o vill - Ashanagar, P.S. - Sonsarai, Distt. - Nalanda, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aakash Choudhary For the Opposite Party/s :

Mrs.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks regular bail in connection with Sohsarai P.S. Case No. 255 of 2023, dated 06.09.2023, registered under Section 376 of the Indian Penal Code and sections 4 & 6 of the POCSO Act.

3.

As per the prosecution case, the allegation against the petitioner is of committing rape with the informant's daugther.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The witnesses including the petitioner examined in the trial have not

Patna High Court CR. MISC. No.29659 of 2024(4) dt.31-07-2024 2/2 supported the prosecution case. The petitioner has no criminal antecedent and he is in custody since 06.09.2023. 5.

Learned A.P.P. for the State has opposed the prayer for bail.

6.

Considering the facts and circumstances of the case and also period of custody, this bail application is allowed. 7.

Let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of court of Special Judge (POCSO)-cum-A.D.J-VIISessions Judge, Biharsharif in connection with Sohsarai P.S. Case No. 255 of 2023, subject to the condition that the petitioner shall cooperate in the trial and shall be represented through his lawyer or himself.

(Sandeep Kumar, J) Ranjeet/- U T