Ajay Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31825 of 2023 Arising Out of PS. Case No.-43 Year-2023 Thana- SIRDALA District- Nawada ====================================================== AJAY PRASAD S/o- CHANDO YADAV VILLAGE- MAHADEV MORE HISUA, PS- HISUA DIST-NAWADA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Sirdalla (Meskaur) P.S. Case No. 43 of 2023 dated 03.02.2023 registered for the offences punishable u/s 341, 323, 324, 506, 354(b), 307 of I.P.C and 30(c) of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, the informant's husband is alleged to have molested her minor daughter on the point of knife under the influence of liquor. Further allegation is that he

Patna High Court CR. MISC. No.31825 of 2023(2) dt.22-05-2023 2/2 tried to touch her private parts forcibly.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 03.02.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the victim is a minor girl.

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, Nawada in connection with Sirdala (Meskaur) P.S. Case No. 43 of 2023.

The application stands allowed.

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