Lalbabu @ Lalbabu Kha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29524 of 2025 Arising Out of PS. Case No.-149 Year-2025 Thana- LAURIA District- West Champaran ====================================================== Lalbabu @ Lalbabu Kha S/o Late Mumtaj Khan R/o Vill.- Lagunaha, Ward No. 7, P.S.- Chautarwa, Distt.- West Champaran At present Vill.- Padraun, Ward No. 9, P.S.- Lauriya, Distt.- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X W/o Chandrashekhar Thakur X (Imaginary Name of Informant/Mother of the Victim) R/o Vill.- Padraun, Ward No. 9, P.S.- Lauriya, Distt.- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 19-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 75(2), 75(3) and 79 of the BNS and Sections 8 and 12 of the POCSO Act.

3. The case of the prosecution is that the petitioner offered Rs. 500/- to the minor daughter of the informant and asked her to come behind the house. It is further alleged that he misbehaved with the minor daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that on perusal of the order of the trial Court, it would transpire that the

Patna High Court CR. MISC. No.29524 of 2025(2) dt.19-05-2025 2/2 victim has given her statement under Section 183 of the BNSS wherein she has stated that the petitioner has offered Rs. 500 and has asked her to come behind the house and she has narrated the story to her mother and family members. From the order of the trial Court, it would also appear that the petitioner has not even touched the body of the victim. Moreover, the petitioner is languishing in judicial custody since 28.03.2025 having no criminal antecedent.

5. Learned counsel for the informant does not refute the submissions put forward by the learned counsel for the petitioner.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Lauriya P.S. Case No. 149 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge 7th cum Special Judge, POCSO, Bettiah, West Champaran.

(Ashok Kumar Pandey, J) Jagdish/- U T