Laxman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32484 of 2024 Arising Out of PS. Case No.-644 Year-2023 Thana- PALIGANJ District- Patna ====================================================== Laxman Kumar Son Of Madheshwar Rajvansi @ Madheshwar Ram Resident Of Village - Habuchauk, P.S. - Daudnagar, District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Paliganj P.S. Case No. 644 of 2023 instituted for the offence under Sections 354A, 354D & 509 of the Indian Penal Code and Section 12 of the POCSO Act.

3.

Prosecution case in short is that grand-daughter of the informant was going to her coaching class and in the meantime, petitioner started teasing and abusing her. Thereafter, public gathered, beated him and handed over to the police. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 24-12-2023. Petitioner is a man of clean antecedent.

Patna High Court CR. MISC. No.32484 of 2024(2) dt.01-05-2024 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. There is general and omnibus allegation levelled against the petitioner. It is submitted that sister of the petitioner was married in the same village where informant resides and there is long dispute over passing of drainage water between them, and due to this petitioner has been implicated. It is submitted that charge sheet has already been submitted in this case and charge is also framed.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Paliganj P.S. Case No. 644 of 2023, subject to the following conditions:

(I) One of the bailors shall be own/close member of the

Patna High Court CR. MISC. No.32484 of 2024(2) dt.01-05-2024 3/3 family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T