Dilip Yadav @ Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30839 of 2024 Arising Out of PS. Case No.-877 Year-2023 Thana- DIGHA District- Patna ====================================================== Dilip Yadav @ Dilip Kumar S/O Mr. Ravindra Prasad Yadav R/O Yaduvansi Nagar, Kurji, P.S- Digha, Distt.- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. A supplementary affidavit filed on behalf of the petitioner in course of the day which is taken on record.

3. The petitioner has preferred this application for grant of regular bail in connection with Digha P.S. Case No. 877 of 2023 dated 05.11.2023 registered for the offences punishable under sections 341, 323, 354, 504, 506, 354A, 354B of the Indian Penal Code & sections 8 and 12 of the POCSO Act.

4. As per the prosecution case, the petitioner is alleged to have molested her and tore her clothes after pushing her on ground on the point of pistol. On being protested, the petitioner threatened her not to disclose the said act otherwise she would be shot dead.

Patna High Court CR. MISC. No.30839 of 2024(3) dt.16-05-2024 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has clean antecedent as stated in para 3 of the bail petition. The medical examination of the victim does not support the allegation. Neither any sign of rape was found on the body of the victim nor any injury was seen as stated in para 19 of the bail petition. The age of victim is above 18 years as stated in para 20 of the bail petition. The petitioner is in custody since 10.02.2024.

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

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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 Court concerned, Patna in connection with Digha P.S. Case No. 877 of 2023.

8. The application stands allowed.

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