Makurdhan Singh @ Makurdan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34481 of 2024 Arising Out of PS. Case No.-38 Year-2022 Thana- MIRGANJ District- Gopalganj ====================================================== Makurdhan Singh @ Makurdan Singh Son of Suryabali Singh Resident of Village- Kasaudhi, P.S- Mirganj, Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mili Kumari For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 376, 354, 354(A) of the Indian Penal Code and Sections8, 9, 2, 10 of POCSO Act.

3. The petitioner is said to have entered into the house of informant and started molesting her minor daughter and when she raised alarm, he fled away. It is alleged that prior to the occurrence, the petitioner kidnapped her daughter with the help of other co-accused.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that earlier the petitioner was brutally assaulted by the informant and her family members on 13.12.2021 for which he lodged a case against the informant's

Patna High Court CR. MISC. No.34481 of 2024(2) dt.17-05-2024 2/2 side vide Mirganj P.S. Case No. 416 of 2021 and only with a view to implicate the petitioner, this case has been lodged against him with false allegation. He submits that occurrence took place on 18.11.2021 but the FIR has been lodged on 14.12.2021 after delay of about 25 days without explaining any reasonable cause of delay. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application and he is languishing in judicial custody since 27.03.2024.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Mirganj P.S. Case No. 38 of 2022.

(Anjani Kumar Sharan, J) devendra/- U T