Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30449 of 2023 Arising Out of PS. Case No.-51 Year-2023 Thana- HALSI District- Lakhisarai ====================================================== ASHOK KUMAR S/O RAM LAKHAN PASWAN R/O Village- Madhuwan Dariyapur, P.S- Haveli Kharagpur, Distt.- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suman Kumar Mishra For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 342, 323, 354(A), 354(B) and 354(D) of the Indian Penal Code and Sections 10/12 of the POSCO Act.

3. As per prosecution case, the informant was studying in class VIII in the year 2019 and the petitioner was a English teacher, who forcibly touched her body and on protest, he was giving threatening to victim and beating. It is further

Patna High Court CR. MISC. No.30449 of 2023(3) dt.25-07-2023 2/3 alleged that when the victim passed the matriculation examination in 1st class in the year 2022, the petitioner contacted her on mobile and force to called him.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The said occurrence is of the year 2019 but the FIR has been lodged in the year 2023, which appears to be meaningless and baseless. The petitioner is a Teacher of Government School in the victim's village as such due to village politics, he has been falsely dragged in this case. There is no any complaint with regard to physical abuse/misbehave/torture to the victim by the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail application. He is languishing in judicial custody since 24.02.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.30449 of 2023(3) dt.25-07-2023 3/3 satisfaction of the learned Court below in connection with Halsi P.S. Case No. 51 of 2023.

(Sunil Kumar Panwar, J) arish/- U T